Revised Code of Washington

Wash. Rev. Code § 26.33.240 (2026)

✓ current as of May 2026
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(1) After the reports required by RCW 26.33.190 and 26.33.200 have been filed, the court shall schedule a hearing on the petition for adoption upon request of the petitioner for adoption. Notice of the date, time, and place of hearing shall be given to the petitioner and any person or agency whose consent to adoption is required under RCW 26.33.160, unless the person or agency has waived in writing the right to receive notice of the hearing. If the child is an Indian child, notice shall also be given to the child's tribe. Notice shall be given in the manner prescribed by RCW 26.33.310.
(2) Notice of the adoption hearing shall also be given to any person who or agency which has prepared a preplacement report. The notice shall be given in the manner prescribed by RCW 26.33.230.
(3) If the court determines, after review of the petition, preplacement and post-placement reports, and other evidence introduced at the hearing, that all necessary consents to adoption are valid or have been dispensed with pursuant to RCW 26.33.170 and that the adoption is in the best interest of the adoptee, and, in the case of an adoption of an Indian child, that the adoptive parents are within the placement preferences of RCW 13.38.180 or good cause to the contrary has been shown on the record, the court shall enter a decree of adoption pursuant to RCW 26.33.250.
(4) If the court determines the petition should not be granted because the adoption is not in the best interest of the child, the court shall make appropriate provision for the care and custody of the child.
[ 2011 c 309 s 33; 1987 c 170 s 8; 1984 c 155 s 23.]

Notes:

Severability1987 c 170: See note following RCW 13.04.030.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1994–2021 · leading case: In Re Jn, 95 P.3d 414 (Wash. Ct. App. 2004).
In Re Jn, 95 P.3d 414 (Wash. Ct. App. 2004). “The adoption statute further provides that "[i]f the court determines .”
In re the Welfare of J.N., 123 Wash. App. 564 (Wash. Ct. App. 2004). “The adoption statute further provides that “[i]f the court determines . . . that all necessary consents to adoption are valid, .”
Sunderland v. Dep't of Soc. & Health Servs., 138 Wash. App. 276 (Wash. Ct. App. 2007). · cites it 2× “” 9 Under RCW 26.33.240, the only people or agencies entitled to notice of an adoption hearing are those whose consent to the adoption is required under RCW 26.”
Lucas v. Dep't of Soc. & Health Servs., 870 P.2d 1037 (Wash. Ct. App. 1994). “e, that absent a danger to the child, a noncon-senting custodian ordinarily has standing only to oppose entry of a decree of adoption at a final adoption hearing scheduled according to RCW 26.33.240. 11 Adoption is not a public forum open to any and every person who may wish to…”
In Re Md, 42 P.3d 424 (Wash. Ct. App. 2002). “[41] See RCW 26.33.030(2) ("A petition under this chapter may be consolidated with any other petition under this chapter.”
In Re The Dependency Of: J.d.p. & J.d.p., 487 P.3d 960 (Wash. Ct. App. 2021). “190; RCW 26.33.240. Neither of these standards address the best interests of a child at termination, which focuses on whether the parent-child relationship should continue.”
In Re The Adoption Of: M.j.w., 438 P.3d 1244 (Wash. Ct. App. 2019). “See RCW 26.33.240(3). Based on the evidence at trial, the trial court found that M.”
In Re Adoption of RLM, 156 P.3d 940 (Wash. Ct. App. 2007). · cites it 2× “" [9] Under RCW 26.33.240, the only people or agencies entitled to notice of an adoption hearing are those whose consent to the adoption is required under RCW 26.”
In re the Adoption of S.H., 279 P.3d 474 (Wash. Ct. App. 2012). “RCW 26.33.240. The Department’s consent to the adoption may be dispensed with if the court determines by clear, cogent, and convincing evidence that the proposed adoption is in the child’s best interest.”
In Re the Interest of J., 994 P.2d 279 (Wash. Ct. App. 2000). “9 RCW 26.33.240 gives the court authority to grant or deny the adoption based on the best interest of the adoptee and provides in pertinent part: (3) If the court determines, after review of the petition, replacement and post-placement reports, and other evidence introduced at…”
Ronald Wastewater Dist. v. Olympic View Water& Sewer Dist. (Wash. 2020). “Among other things, they may preside over marriages and adoptions, administer oaths, and, under certain circumstances, approve the transfer of a sewage system from a water-sewer district to a county and from a county to a water-sewage district.”
— Wash. Rev. Code § 26.33.240(3) — 3 cases
In Re Jn, 95 P.3d 414 (Wash. Ct. App. 2004). “The adoption statute further provides that "[i]f the court determines .”
In re the Welfare of J.N., 123 Wash. App. 564 (Wash. Ct. App. 2004). “The adoption statute further provides that “[i]f the court determines . . . that all necessary consents to adoption are valid, .”
In Re The Adoption Of: M.j.w., 438 P.3d 1244 (Wash. Ct. App. 2019). “See RCW 26.33.240(3). Based on the evidence at trial, the trial court found that M.”
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