(1) An agency’s, the department’s, or a legal guardian‘s consent to adoption may be dispensed with if the court determines by clear, cogent and convincing evidence that the proposed adoption is in the best interests of the adoptee.

Terms Used In Washington Code 26.33.170

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) An *alleged father’s, birth parent’s, or parent’s consent to adoption shall be dispensed with if the court finds that the proposed adoption is in the best interests of the adoptee and:
(a) The *alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, where the adoptee was the victim of the rape or incest; or
(b) The *alleged father, birth parent, or parent has been found guilty of rape under chapter 9A.44 RCW or incest under RCW 9A.64.020, or has been found by clear and convincing evidence to have committed a sexual assault, where the other parent of the adoptee was the victim of the rape, incest, or sexual assault and the adoptee was conceived as a result of the rape, incest, or sexual assault, unless the parent who is the victim indicates by affidavit or sworn testimony that consent to adoption by the person who committed the rape, incest, or sexual assault should occur.
(3) Nothing in this section shall be construed to eliminate the notice provisions of this chapter.

NOTES:

*Reviser’s note: RCW 26.33.020 was amended by 2019 c 46 § 5034, changing the definition of “alleged father” to “alleged genetic parent.”
Severability—1999 c 173: See note following RCW 13.34.125.
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