How Do I Adopt Through an Agency?

Adopting through a licensed agency means a trusted organization guides the placement, holds custody of the child, and helps carry the process from first application to final decree. Here is how that path works under Washington law.

What an Agency Adoption Actually Is

In an agency adoption, a licensed child-placing agency stands at the center of the process. Rather than a birth parent placing a child directly with a chosen family, the birth parent surrenders the child to the agency, and the agency then places the child with adoptive parents it has screened and approved. Washington's Adoption Act, chapter 26.33 RCW, defines an agency as a public or private organization licensed or certified by the state to place children, and it gives that agency specific legal roles that a private individual does not have.

For many families in Snohomish County, the agency model is appealing precisely because of that structure. The agency handles matching, provides counseling and support to both the birth family and the adoptive family, and takes on legal responsibility for the child during the transition. That support can make an emotional and legally complex process feel more manageable.

Relinquishment: How the Agency Gets Custody

The legal foundation of an agency adoption is relinquishment. This is the step where a birth parent voluntarily surrenders custody of the child to the agency. Washington sets out this process in RCW 26.33.080, which allows a parent, an alleged genetic parent, or an agency to file a petition to relinquish a child to the agency. The birth parent's written consent to adoption must accompany that petition, and the agency's written consent to assume custody is filed alongside it. The statute even allows the petition and consent to be filed before the child is born, though stricter timing rules apply if the child is an Indian child under federal law.

From there, the court takes over. Under RCW 26.33.090, the court sets a hearing on the relinquishment petition, and that hearing cannot be held sooner than forty-eight hours after the child's birth or the signing of all necessary consents, whichever is later. At the hearing, the court confirms that any written consent was validly executed and decides whether relinquishment is in the child's best interests. If the court approves, it awards custody to the agency, appoints the agency as legal guardian, and enters an order terminating the parent-child relationship between the birth parent and the child. That order is what frees the child to be adopted.

The Agency's Ongoing Legal Role

Once a child is relinquished, the agency is not just a facilitator, it is the legal custodian and guardian. RCW 26.33.090 provides that an order of relinquishment to an agency includes authorization for the agency to place the child with a prospective adoptive parent. In other words, the agency now holds the authority to decide where the child goes next, within the bounds of the court's oversight.

That authority carries into the adoption itself. Under RCW 26.33.160, consent to an adoption is required from the agency to whom the child has been relinquished. So in an agency adoption, the birth parents' consent came earlier, at relinquishment, and the agency's consent becomes the operative consent when the adoptive placement is finalized. The agency is financially responsible for supporting the child until the court orders otherwise, and it remains the child's legal guardian until the adoptive parents step fully into that role through a final decree.

The Home Study and Reports

Adopting through an agency does not skip the screening that Washington requires of every adoptive family. The preplacement report, or home study, described in RCW 26.33.190, still applies. A qualified evaluator studies the prospective adoptive parents' home environment, family life, health, and resources, and files a written recommendation with the court about their fitness to adopt. That report also includes a background check, including a criminal history check, which we discuss in our separate article on adoption background checks. After placement, a post-placement report gives the court a look at how the child is settling in before the adoption is finalized.

Reaching the Final Decree

With the child relinquished, the agency's consent in place, and the required reports filed, the adoption moves to its final stage. The court reviews everything, confirms the placement serves the child's best interests, and enters a decree of adoption. That decree makes the adoptive parents the child's legal parents in full, ending the agency's guardianship and completing the journey that began with relinquishment.

Agency Versus Private Adoption

The defining difference between agency and private adoption is who holds the child during the process. In an agency adoption, the agency takes custody through relinquishment and then places the child. In a private, or independent, adoption, the birth parents place the child directly with a family they have chosen, and the adoptive parents may serve as the child's legal guardian while the case is pending. Both paths run under the same chapter of Washington law, and both end in a court decree, but the agency path adds a licensed organization as an intermediary with real legal authority and a support structure to match.

Getting Started in Snohomish County

Choosing to adopt through an agency is a significant decision, and the legal steps, from relinquishment to consent to the final decree, need to be handled carefully so the adoption holds up and truly protects your family. If you are exploring an agency adoption in Snohomish County and want a clear picture of what the law requires, the Law Office of Chad Foster is here to help you understand your options and move forward.