26.33.170 - Consent to adoption--When not required.

Consent to adoption — When not required.

(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.

     (2) An alleged father's, birth parent's, or parent's consent to adoption may 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, where the other parent of the adoptee was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest.

     (3) Nothing in this section shall be construed to eliminate the notice provisions of this chapter.

[1999 c 173 § 1; 1988 c 203 § 1; 1984 c 155 § 17.]

Notes: Severability -- 1999 c 173: See note following RCW 13.34.125.