What Is Open vs. Closed Adoption in Washington?

One of the first questions many adoptive families face is how much contact, if any, there will be with the child's birth family after the adoption is complete. In Washington, that choice sits on a spectrum from fully open to fully closed, and the law gives families a way to make certain arrangements legally binding. This topic is part of Washington adoption and assisted reproduction law.

The Difference Between Open and Closed Adoption

At its simplest, the terms describe how much ongoing contact and information flows between the adoptive family and the birth family. In a closed adoption, there is little or no contact after placement. Identifying information is generally kept private, and the families do not maintain an ongoing relationship. This was once the standard model, built around confidentiality. Related guides cover What Is the Difference Between Legal and Physical Custody in Adoption? and What Is Private Adoption?.

In an open adoption, some form of continuing contact or communication is maintained. That can range from occasional letters and photographs shared through an agency, to email updates, to scheduled in-person visits. Many adoptions today fall somewhere in the middle, sometimes called semi-open, where families exchange updates without necessarily sharing full identities or meeting in person. There is no single correct answer. What works best depends on the child, the birth family, and the adoptive family, and it can evolve over time as the child grows.

How Washington Makes an Open Adoption Agreement Enforceable

The most important thing Washington families should understand is that an informal promise to stay in touch is exactly that: informal. Washington adoption law, found in chapter 26.33 RCW, does not force any particular level of openness, but it does provide a path to make a contact arrangement legally enforceable. Under RCW 26.33.295, the parties to an adoption may enter into agreements about communication with or contact between the child, the adoptive parents, the child's siblings, and a birth parent or parents.

Here is the critical part. That same statute provides that these agreements are not legally enforceable unless their terms are set out in a written court order. In other words, a handshake understanding or a heartfelt conversation, however sincere, does not create a right anyone can enforce in court. Only a court order does. This distinction matters enormously to families who are counting on future contact, because it determines whether that expectation has legal weight or rests only on goodwill.

What the Court Requires Before Approving an Agreement

Washington does not rubber-stamp these agreements. RCW 26.33.295 requires that the terms of the proposed order be approved in writing by the prospective adoptive parents and by any birth parent whose parental rights have not previously been terminated. If the child or the child's siblings are in the custody of the department or a licensed child-placing agency, a representative of that agency must also approve the terms. And if the child has an attorney or guardian ad litem in the adoption or in another custody proceeding, that representative must approve the terms too.

Above all, the court applies a best-interest standard. Under the same section, the court will not enter a proposed order unless it finds that the communication or contact set out in the agreement would be in the child's best interests. This is the throughline of Washington family law generally, and it governs open adoption agreements just as it governs custody decisions. The agreement is about serving the child, not the adults, and the court's role is to make sure the arrangement actually does that. Helpfully, the statute also provides that an agreement does not have to disclose the identities of the parties in order to be legally enforceable, which allows families to preserve privacy while still locking in contact terms.

What Happens If Someone Does Not Follow the Agreement

Families often worry about two related questions: what happens if the birth family does not honor the agreement, and what happens if the adoptive family does not. Washington answers both with care. Under RCW 26.33.295, failure to comply with the terms of an agreed contact order is not grounds for undoing the adoption or revoking a consent to adoption once the court has approved that consent. The adoption itself stands. That protection gives adoptive families security in the permanence of the relationship, even if a contact dispute later arises.

At the same time, the agreement is not toothless. The same statute provides that an agreed order may be enforced through a civil action, and the prevailing party in that action may be awarded a reasonable amount as attorneys' fees. So the contact arrangement can be enforced in court, just not by dissolving the adoption. The remedy is enforcement of the agreement, not reversal of the placement.

Changing an Agreement Over Time

Circumstances change, and Washington allows for that. RCW 26.33.295 permits the court to modify an agreed contact order, but only when it finds that the modification is necessary to serve the best interests of the child, and either the adoptive parent and the birth parent agree to the change, or exceptional circumstances have arisen since the order was entered that justify a modification. This keeps the arrangement child-centered while preventing either side from casually walking away from what was agreed. It is worth noting, too, that the statute does not obligate the department or a supervising agency to agree to any specific provision or to provide supervision or transportation for sibling visits from foster care.

Choosing What Is Right for Your Snohomish County Family

For families in Snohomish County, the decision between open and closed adoption is deeply personal, and there is no default that fits everyone. What the law offers is structure: a way to turn a good-faith understanding into an enforceable, court-approved order that centers the child's best interests. Whether you lean toward ongoing contact or greater privacy, the key is to make an informed choice and, if you want future contact to be reliable, to put it in a form the court can recognize.

If you are navigating an adoption and weighing how much openness is right for your family, the Law Office of Chad Foster can help you understand your options under Washington law and craft an arrangement that protects both your family and your child's interests. Reach out to talk it through.