Revised Code of Washington

Wash. Rev. Code § 26.33.100 (2026)

✓ current as of May 2026
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(1) A petition for termination of the parent-child relationship of a parent or *alleged father who has not executed a written consent to adoption may be filed by:
(a) The department or an agency;
(b) The prospective adoptive parent to whom a child has been or may be relinquished if the prospective adoptive parent has filed or consented to a petition for relinquishment; or
(c) The prospective adoptive parent if he or she seeks to adopt the child of his or her spouse.
(2) The petition for termination of the parent-child relationship shall contain a statement of facts identifying the petitioner, the parents, the legal guardian, a guardian ad litem for a party, any *alleged father, and the child. The petition shall state the facts forming the basis for the petition and shall be signed under penalty of perjury or be verified.
(3) The petition may be filed before the child's birth.
[ 1985 c 421 s 3; 1984 c 155 s 10.]

Notes:

*Reviser's note: RCW 26.33.020 was amended by 2019 c 46 s 5034, changing the definition of "alleged father" to "alleged genetic parent."
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1995–2026 · leading case: M.D.T. v. C.A.M., 381 P.3d 1210 (Wash. Ct. App. 2016).
M.D.T. v. C.A.M., 381 P.3d 1210 (Wash. Ct. App. 2016). “RCW 26.33.100(l)(c). Under RCW 26.33.120(1), the parent-child relationship may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental…”
State v. N.P., 181 Wash. App. 301 (Wash. Ct. App. 2014). “Under RCW 26.33.100, a prospective adoptive parent seeking to adopt the child of a spouse may file a petition for termination of the parent-child relationship of a parent.”
Matter of Adoption of Infant Mcgee, 937 P.2d 622 (Wash. Ct. App. 1997). “RCW 26.33.100(3) provides that a petition may be filed before the child's birth, and RCW 26.”
In re the Adoption of Infant McGee, 86 Wash. App. 471 (Wash. Ct. App. 1997). “RCW 26.33.100(3) provides that a petition may be filed before the child’s birth, and RCW 26.”
In re T.M., 665 A.2d 207 (D.C. 1995). “Code § 26-18-3(6) (parents are defined as "[t]he legal or biological parents of a child, inclusive of a putative father”); Wash.Rev.Code § 26.33.100(1) (provides for termination of rights of alleged father).”
In the Matter of the Custody of G.A.-K.K. (Wash. Ct. App. 2019). · cites it 8× “She alleged both parents had demonstrated substantial disregard for their parental responsibilities and were withholding consent to adoption, contrary to the best interest of the child.”
In Re Tm, 665 A.2d 207 (D.C. 1995). “Code § 26-18-3(6) (parents are defined as "[t]he legal or biological parents of a child, inclusive of a putative father"); Wash.Rev.Code § 26.33.100(1) (provides for termination of rights of alleged father).”
In Re: K.M.T. (Wash. Ct. App. 2016). “RCW 26.33.100. Under RCW 26.33.120(1), the parent-child relationship may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental duties…”
In re the Adoption of: C. W. S., C. L. S., & G. D. S. (Wash. Ct. App. 2016). “The adoption scheme does not command that the State provide remedial services before the court terminates parental rights. The State or an adoptive parent may file a petition for termination, but the State is not a necessary party to a petition for termination under the adoption…”
In Re The Welfare Of: A.r.d.l. (Wash. Ct. App. 2018). “RCW 26.33.100(1)(b). Under RCW 26.33.120(1), the parent-child relationship: [M]ay be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental…”
In Re The Parentage Of Nld., Ryan Adam Dixon, V. Matthew Goguen (Wash. Ct. App. 2022). “’s mother, Liang. Goguen thus had standing to bring the petition.”
In Re the Interest of: B.R. (Wash. Ct. App. 2026). “RCW 26.33.100(1)(a). Like the requirements under the dependency and termination statutes, courts must provide certain procedural protections, including notice, a hearing, and counsel at public expense.”
— Wash. Rev. Code § 26.33.100(1) — 4 cases
In re T.M., 665 A.2d 207 (D.C. 1995). “Code § 26-18-3(6) (parents are defined as "[t]he legal or biological parents of a child, inclusive of a putative father”); Wash.Rev.Code § 26.33.100(1) (provides for termination of rights of alleged father).”
In the Matter of the Custody of G.A.-K.K. (Wash. Ct. App. 2019). “She alleged both parents had demonstrated substantial disregard for their parental responsibilities and were withholding consent to adoption, contrary to the best interest of the child.”
In Re Tm, 665 A.2d 207 (D.C. 1995). “Code § 26-18-3(6) (parents are defined as "[t]he legal or biological parents of a child, inclusive of a putative father"); Wash.Rev.Code § 26.33.100(1) (provides for termination of rights of alleged father).”
In re the Adoption of: C. W. S., C. L. S., & G. D. S. (Wash. Ct. App. 2016). “The adoption scheme does not command that the State provide remedial services before the court terminates parental rights. The State or an adoptive parent may file a petition for termination, but the State is not a necessary party to a petition for termination under the adoption…”
— Wash. Rev. Code § 26.33.100(1)(a) — 1 case
In Re the Interest of: B.R. (Wash. Ct. App. 2026). “RCW 26.33.100(1)(a). Like the requirements under the dependency and termination statutes, courts must provide certain procedural protections, including notice, a hearing, and counsel at public expense.”
— Wash. Rev. Code § 26.33.100(1)(b) — 2 cases
In the Matter of the Custody of G.A.-K.K. (Wash. Ct. App. 2019). “She alleged both parents had demonstrated substantial disregard for their parental responsibilities and were withholding consent to adoption, contrary to the best interest of the child.”
In Re The Welfare Of: A.r.d.l. (Wash. Ct. App. 2018). “RCW 26.33.100(1)(b). Under RCW 26.33.120(1), the parent-child relationship: [M]ay be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental…”
— Wash. Rev. Code § 26.33.100(1)(c) — 1 case
In Re The Parentage Of Nld., Ryan Adam Dixon, V. Matthew Goguen (Wash. Ct. App. 2022). “’s mother, Liang. Goguen thus had standing to bring the petition.”
— Wash. Rev. Code § 26.33.100(3) — 2 cases
Matter of Adoption of Infant Mcgee, 937 P.2d 622 (Wash. Ct. App. 1997). “RCW 26.33.100(3) provides that a petition may be filed before the child's birth, and RCW 26.”
In re the Adoption of Infant McGee, 86 Wash. App. 471 (Wash. Ct. App. 1997). “RCW 26.33.100(3) provides that a petition may be filed before the child’s birth, and RCW 26.”
— Wash. Rev. Code § 26.33.100(l)(c) — 1 case
M.D.T. v. C.A.M., 381 P.3d 1210 (Wash. Ct. App. 2016). “RCW 26.33.100(l)(c). Under RCW 26.33.120(1), the parent-child relationship may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental…”
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