Use of Advertising and Facilitators in Adoptive Placements - Washington

Date: July 2020

Use of Advertisement

Citation: Rev. Code § 26.33.400(1)-(2)

No person or entity shall cause to be published for circulation, or broadcast on a radio or television station, an advertisement of a child or children offered or wanted for adoption, or shall hold himself or herself out through such advertisement as having the ability to place, locate, dispose, or receive a child or children for adoption unless such person or entity is one of the following:

  • A duly authorized agent, contractee, or employee of the Department of Social and Health Services or a children's agency or institution, licensed by the department to care for and place children
  • A person who has a completed preplacement report with a favorable recommendation as to the fitness of the person to be an adoptive parent

Nothing in this section prohibits an attorney from advertising his or her availability to practice or provide services to the adoption of children.

Use of Intermediaries/Facilitators

Citation: Rev. Code §§ 26.33.390(2)-(3); 9A.64.030

Any person adopting a child shall receive from the adoption facilitator written information on adoption-related services. This information may be published by the department or any other social service provider and shall include information about how to find and evaluate appropriate adoption therapists and may include other resources for adoption-related issues.

Any person involved in providing adoption-related services shall respond to requests for written information by providing materials explaining adoption procedures, practices, policies, fees, and services.

It is unlawful for any person to sell or purchase a minor child. A transaction shall not be a purchase or sale if any of the following conditions exists:

  • The transaction is between the parents of the minor child.
  • The transaction is between a person receiving or about to receive the child and an adoption or child-placing agency.
  • The transaction is between the person receiving or about to receive the child and a State or other governmental agency.
  • The transaction is pursuant to the Interstate Compact of Placement of Children.
  • The transaction is pursuant to court order.
  • The only consideration paid by the person receiving or about to receive the child is intended to pay for the prenatal hospital or medical expenses involved in the birth of the child, or attorneys' fees and court costs involved in effectuating transfer of child custody.