Overcoming Discrimination: Washington's LGBTQ+ Adoption Landscape

Even though same-sex adoption is legal nationwide, LGBTQ+ couples in Washington State still face silent barriers — judgment, delays, and unequal treatment that make what is supposed to be a joyous moment even harder. Wanting to grow your family should be a time of hope, not helplessness.  

As experienced LGBTQ+ family law attorneys who have helped many families navigate these sometimes turbulent waters, we understand the challenges LGBTQ+ parents face and are here to help you through the legal system with compassion and strength. Your love is valid, and your family deserves every legal protection.

The Current Legal Status of Same-Sex Adoption in Washington State

Washington has been at the forefront of LGBTQ+ rights for decades. In 2012, our state legalized same-sex marriage through popular vote, before the landmark 2015 Obergefell v. Hodges Supreme Court decision made it legal nationwide. This progressive history has created a relatively supportive legal environment for same-sex families looking to adopt.

Current laws in Washington State regarding same-sex adoption include:

• Legal recognition of same-sex couples' right to adopt jointly.
• Protection against discrimination based on sexual orientation in adoption proceedings under the Washington Law Against Discrimination (RCW 49.60).
• Legal framework for second-parent adoption to establish legal relationships between children and non-biological parents.

However, despite these protections, same-sex couples still encounter challenges that their heterosexual counterparts may not face.

Case: Arlene's Flowers vs. Washington State (2021)
The Washington Supreme Court ruled that refusing services to same-sex couples violates Washington's anti-discrimination laws. After several years of litigation and two trips to the United States Supreme Court, the Court ultimately declined to review the case in 2021, solidifying Washington's strong protections against discrimination in public accommodations.

Types of Adoption Available to LGBTQ+ Families in Washington

Washington State offers several paths to adoption for same-sex couples:

Joint Adoption

In Washington, married same-sex couples have the same legal right to adopt as heterosexual couples. This means both partners simultaneously become the child's legal parents through a single adoption process. Washington's adoption laws (RCW 26.33) establish the legal framework for this process.

Second-Parent Adoption

Second-parent adoption allows the non-biological or non-legal parent to adopt their partner's legal child without terminating the first parent's legal rights. This is crucial for:

• Couples where one partner is the biological parent.
• Situations where only one partner initially adopted the child.
• Establishing legal parenthood after using assisted reproductive technology.

Second-parent adoption ensures both parents have equal legal standing, which protects the family if the relationship ends or if the legal parent becomes incapacitated or dies.

Stepparent Adoption

For legally married same-sex couples where one spouse has a child from a previous relationship, stepparent adoption simplifies the process of establishing legal parenthood for the non-biological parent. The process is generally more streamlined than other forms of adoption.

Foster-to-Adopt

Washington's foster care system welcomes qualified LGBTQ+ individuals and couples. After serving as foster parents, same-sex couples can petition to adopt their foster child if the child becomes legally free for adoption.

Common Legal Challenges for Same-Sex Adoptive Parents in Washington

Despite Washington's supportive legal framework, LGBTQ+ families still face several challenges when pursuing adoption:

Religious Freedom Exemptions

While Washington State has strong anti-discrimination laws, some faith-based adoption agencies may claim religious exemptions that allow them to refuse service to same-sex couples. This creates a patchwork system where access to adoption services varies depending on the agency.

In some cases, these agencies receive taxpayer funding while maintaining discriminatory policies. This presents both practical and ethical challenges for same-sex couples seeking to adopt.

Case: Fulton v. City of Philadelphia (2021)
The U.S. Supreme Court unanimously ruled that Philadelphia violated the Free Exercise Clause by refusing to contract with a Catholic agency that wouldn't certify same-sex foster parents. This decision creates precedent allowing religious agencies to maintain government contracts while potentially excluding LGBTQ+ families.

Parental Rights Security

Even with legal adoption, same-sex parents may face challenges to their parental rights when traveling to states with less protective laws. Despite federal recognition of adoption across state lines, practical implementation can be inconsistent.

To maximize legal protection, many Washington attorneys recommend that non-biological parents in same-sex relationships complete a second-parent adoption even if they're married and listed on the birth certificate. This provides an additional layer of security that courts throughout the country are more likely to recognize.

International Adoption Restrictions

Same-sex couples interested in international adoption face additional challenges, as many countries prohibit adoption by LGBTQ+ individuals and couples. Currently, only a handful of countries allow same-sex couples from the U.S. to adopt children: Brazil, Colombia, Israel, Mexico, and Taiwan.

Washington residents have specific advantages when pursuing international adoption through these countries. The state's robust legal protections for LGBTQ+ families mean that once your international adoption is finalized, Washington courts and agencies fully recognize both parents' legal status.

Additionally, Seattle's strong connections to certain countries, particularly those in Latin America and across the Pacific, have resulted in established adoption pathways and experienced agencies with expertise in these regions.

Protecting Your Family Through Legal Documentation

Given the complex legal landscape, proper documentation is essential for LGBTQ+ families. Here are key documents that can strengthen your legal protections:

Comprehensive Adoption Decree

Ensure your adoption decree explicitly names both parents and definitively establishes legal parenthood. This document serves as the foundation of your parental rights.

Updated Birth Certificate

After adoption, obtain an updated birth certificate listing both parents. While not sufficient for full legal protection, it's an important supporting document.

Standby Guardianship Designation

This document nominates a guardian for your child in case both parents become incapacitated. It's especially important for families facing challenges from extended family members who don't recognize their family structure.

Case: In re Parentage of L.B. (2005)
The Washington Supreme Court established the "de facto parent" doctrine, recognizing non-biological parents who functioned as parents with the consent of biological parents. The court placed these de facto parents "in parity with biological and adoptive parents", creating crucial protections for LGBTQ+ families where only one partner may have biological ties to the child.

Additional Protective Documents

Consider creating these additional documents to strengthen legal protections:

• Healthcare proxy/medical power of attorney: Ensures both parents can make medical decisions for the child.
• Last will and testament: Clearly states guardianship wishes.
• Educational consent forms: Allows both parents to make educational decisions.

These documents create multiple layers of legal protection for your family, addressing potential vulnerabilities in the adoption process.

How to Find LGBTQ+ Friendly Adoption Resources in Washington

Washington offers several resources to support same-sex couples through the adoption process:

LGBTQ+ Affirming Agencies and Professionals

Seek out adoption agencies and professionals with demonstrated experience working with LGBTQ+ families. Signs of inclusive practices include:

• Explicit non-discrimination policies that include sexual orientation and gender identity.
• Inclusive language on forms and materials (e.g., "Parent 1/Parent 2" instead of "Mother/Father").
• LGBTQ+ cultural competency training for staff.
• Testimonials from other LGBTQ+ families.

Support Groups and Organizations

These Washington-based organizations offer resources and community for LGBTQ+ families:

• Equal Rights Washington
• Pride Foundation
• PFLAG Chapters in Washington
• QLaw Foundation of Washington

Legal Support

Working with an attorney experienced in LGBTQ+ family law is essential. Look for attorneys who:

• Have specific experience with same-sex adoption cases.
• Stay current on evolving laws affecting LGBTQ+ families in Washington State and throughout the nation.
• Understand the unique vulnerabilities that same-sex families may face.
• Can prepare comprehensive documentation to protect your family.

Get Peace of Mind with Our Washington Family Law Attorneys

If you're considering adoption as an LGBTQ+ individual or couple in Washington, professional legal guidance is essential. At Hodgson Law Office, we understand the unique challenges you may face and can help you navigate the legal complexities with confidence.

While Washington offers stronger protections than many states, securing comprehensive legal documentation remains crucial for protecting your family. Contact us today to schedule a free consultation and take the first step toward building your family on solid legal ground.