Most adoptions are built around hope, planning, and careful steps. Still, Litigation can happen during an adoption even when everyone starts with good intentions. Court involvement does not automatically mean a case is “going bad.” Often, it means the court needs to resolve a legal issue before the adoption can move forward.
This article is general information, not legal advice. If you are dealing with a contested issue, a Washington Adoption Lawyer can help you understand your options and keep the process focused and respectful.
Why litigation shows up in adoption cases
Adoption changes legal parent-child relationships permanently. Because the stakes are high, Washington courts require strict compliance with rules about consent, notice, and the child’s best interests. When someone believes a required step was skipped—or when two adults claim competing rights—litigation is one way the court sorts out what must happen next.
Here are the most common reasons adoption litigation happens in Washington.
Litigation trigger 1: Consent disputes and withdrawal issues
A major source of adoption litigation involves consent. Courts look closely at whether consent was:
- signed properly
- given voluntarily
- given after required waiting periods
- approved by the court when approval is required
- based on accurate information
Common consent-based disputes
- “I did not understand what I signed.” This can become a dispute about whether the person had enough information or was pressured.
- Duress or undue pressure. One person says the consent was not freely given.
- Fraud claims. Someone alleges they were misled about important facts, which can lead to challenges within legal time limits.
- Timing issues. Washington has rules about when a consent can be presented to the court and how it must be executed. If timing is not handled correctly, it can create court complications.
Because consent questions are so fact-specific, courts tend to focus on the exact documents, the exact timeline, and what happened around the signing.
Litigation trigger 2: Paternity disputes and “alleged father” notice problems
Another common reason adoption cases enter litigation is paternity—especially when the child has a birth father who is not clearly identified in the paperwork, or when there is disagreement about who the legal father is.
Washington adoption procedures can require notice to an alleged father in certain situations. When the wrong person is notified, when notice is late, or when the court believes notice was not handled correctly, the case can pause while the issue is resolved.
How paternity issues turn into litigation
- A man claims he is the father and wants to assert parental rights.
- A birth parent identifies one possible father, then later identifies another.
- A father claims he had a relationship with the child or attempted involvement, and he was not properly included in the process.
- The parties disagree about whether a father’s consent is required.
These disputes can feel emotionally charged. From a legal angle, they often come down to a few key points: who is legally recognized as a parent, what notice was required, and what steps were taken to identify and serve the correct people.
Litigation trigger 3: Involuntary termination of parental rights
Many adoptions require the child to be “legally free” for adoption. Sometimes that happens through voluntary relinquishment and consent. Other times, a party seeks involuntary termination of a parent’s rights.
Involuntary termination is one of the most litigation-heavy parts of the adoption world because:
- It is contested more often
- It involves formal hearings and evidence
- It may include detailed findings and legal standards that must be met
Litigation may focus on whether legal grounds exist, whether services or steps were offered when required, and whether termination is in the child’s best interests.
Even when termination is appropriate, the process can be demanding because courts must build a clear record.
Litigation trigger 4: Indian Child Welfare Act issues
When a child may be an “Indian child” under federal law, the Indian Child Welfare Act (ICWA) can apply, and Washington also has state protections.
ICWA-related litigation often happens because the requirements are specific and must be followed carefully. Disputes can arise over:
- whether the child is an Indian child
- whether the child’s tribe received proper notice
- whether placement preferences apply
- whether the consent process meets ICWA requirements
- whether the case should be transferred to tribal court in some situations
Many families are surprised by how early these questions must be addressed. Courts often want the ICWA inquiry handled at the beginning, not after months of progress.
If ICWA may apply, it is one of the strongest reasons to work with an adoption lawyer who understands the process and the paperwork.
Litigation trigger 5: Claims of fraud, misrepresentation, or missing information
The word fraud sounds dramatic, but in adoption litigation it can include a range of alleged misrepresentations, such as:
- inaccurate statements about identity or paternity
- missing medical history disclosures
- misinformation about substance use history
- undisclosed involvement of another possible parent
- misstatements about willingness to consent
Not every conflict becomes a fraud case. Sometimes it is simply a disagreement about what was known and when. Still, when a party believes critical information was withheld, litigation may be used to determine whether the adoption can proceed and whether any challenge is timely.
A calm, thorough paper trail is helpful here. The more transparent the process, the less room there is for later claims that someone was misled.
Litigation trigger 6: Disagreements about placement or who should adopt
In some cases, the dispute is not “whether” adoption should happen, but “who” should adopt.
This can come up in several settings:
- Relative placements. A grandparent, aunt, or uncle may step forward and argue they should be considered.
- Stepparent adoptions. A stepparent wants to adopt, while another adult objects or raises legal issues.
- Foster care adoptions. There may be competing interests among prospective adoptive families, relatives, or other caregivers.
These cases can be sensitive, especially when multiple adults care about the child. Litigation tends to focus on the child’s best interests, the child’s stability, and whether legal requirements for placement were followed.
Litigation trigger 7: Interstate moves and process requirements
When a child is placed across state lines, additional rules can apply through interstate placement requirements. Problems arise when:
- placement occurs before approvals
- required paperwork is incomplete
- one state’s timeline conflicts with another’s process
When the interstate steps are missed, courts may delay proceedings until compliance is established. This does not mean adoption is impossible. It means the court wants the process corrected before finalizing anything permanent.
Litigation trigger 8: Open adoption and contact agreement conflicts
Washington allows post-adoption contact agreements, sometimes called open adoption agreements, but enforceability depends on how the agreement is documented and entered.
Litigation can occur when:
- expectations were informal and not put into a court order
- one party believes contact terms were promised and then changed
- there is disagreement about what “reasonable contact” means
- siblings or extended family contact is contested
Importantly, many contact disputes are better handled through communication and structure rather than threats. When families are supported early—clear terms, realistic expectations, and boundaries—these conflicts tend to shrink.
Litigation trigger 9: Home study, background, or safety concerns
Some adoption cases pause or enter litigation because the court needs more information about safety or suitability, including:
- home study results that raise questions
- incomplete background requirements
- concerns about a household member
- unclear living arrangements
This type of litigation can be more administrative than adversarial. Often the court is simply saying: “Before we finalize something permanent, we need clarity.”
Litigation trigger 10: Procedure errors and paperwork problems
Adoption is document-heavy. Litigation sometimes comes from basic process errors, like:
- wrong forms
- missing signatures
- improper service of notice
- filing in the wrong place
- inconsistent dates
- unclear identity documents
These situations can feel frustrating because the family may be emotionally ready to move forward, but the court cannot approve an adoption until legal requirements are satisfied. The good news is that many procedural issues can be corrected with careful legal guidance.
How to keep litigation from becoming overwhelming
Litigation sounds intense, but not every dispute becomes a long court battle. Many adoption conflicts are resolved through:
- negotiated agreements
- mediation
- corrected notice and updated filings
- stipulations that narrow the issues
- structured plans that address safety concerns
If you are facing a contested issue, it helps to focus on what the court needs to decide. Courts generally want clarity, compliance, and a plan that supports stability for the child.
A practical “calm checklist” for families
If your adoption is at risk of litigation, consider these steps:
- Gather your documents. Keep copies of all consents, notices, messages, and filings.
- Write a timeline. Dates matter in adoption disputes. A simple timeline can reduce confusion.
- Avoid side conversations and pressure tactics. Anything that looks like coercion can complicate a consent issue.
- Stay child-focused. Courts notice when adults center the child’s stability rather than adult conflict.
- Talk with an adoption lawyer early. It is often easier to prevent litigation problems than to repair them later.
What families can do to reduce the risk of litigation in the first place
No one can eliminate every risk, but careful planning reduces the most common triggers.
Be clear and thorough about paternity questions
If paternity might be disputed, handle it directly and early. Identifying the correct people for notice is one of the most important legal steps in the process.
Use clear, complete paperwork
Consent documents, notices, and declarations should be accurate and complete. Courts rely on the record.
Treat ICWA questions as an early step, not a late step
If there is any possibility of Native ancestry, address it early. That helps everyone avoid unpleasant surprises later.
Keep expectations realistic about openness
If the parties want an open adoption arrangement, put the terms in writing and understand how Washington handles enforceability. Avoid vague promises.
Choose a process that supports informed decision-making
When birth parents have time, information, and support, the risk of later consent disputes usually decreases.
Working with Story Law in Bellevue, WA
Adoption is one of the most meaningful steps a family can take, and it is also one of the most detail-driven areas of Family Law. If Litigation becomes part of your adoption process, it does not have to define the experience. With the right guidance, many disputes can be narrowed, resolved, or handled in a way that keeps the focus where it belongs: the child’s stability and long-term well-being.
Story Law helps clients across Washington with adoption-related Family Law issues, including contested matters involving paternity, birth parent consent, and fraud allegations. If you need help understanding your options, contact Story Law to speak with an Adoption Lawyer about your next step.
