S-3428               _______________________________________________

                                                   SENATE BILL NO. 6376

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Metcalf, Benitz, Stratton and Rasmussen

Read first time 1/12/90 and referred to Committee on  Law & Justice.

AN ACT Relating to grandparents' visitation of adopted children; and amending RCW 26.33.240 and 26.33.260.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 23, chapter 155, Laws of 1984 as amended by section 8, chapter 170, Laws of 1987 and RCW 26.33.240 are each amended to read as follows:

          (1) After the reports required by RCW 26.33.190 and 26.33.200 have been filed, the court shall schedule a hearing on the petition for adoption upon request of the petitioner for adoption.  Notice of the date, time, and place of hearing shall be given to the petitioner and any person or agency whose consent to adoption is required under RCW 26.33.160, unless the person or agency has waived in writing the right to receive notice of the hearing.  If the child is an Indian child, notice shall also be given to the child's tribe.  Notice shall be given in the manner prescribed by RCW 26.33.310.

          (2) Notice of the adoption hearing shall also be given to any person who or agency which has prepared a preplacement report.  The notice shall be given in the manner prescribed by RCW 26.33.230.

          (3) Notice of the adoption hearing shall also be given to the maternal and paternal grandparents of the child if the identity of those persons is known or can be discovered upon reasonable investigation.

(4) If the court determines, after review of the petition, preplacement and post-placement reports, and other evidence introduced at the hearing, that all necessary consents to adoption are valid or have been dispensed with pursuant to RCW 26.33.170 and that the adoption is in the best interest of the adoptee, and, in the case of an adoption of an Indian child, that the adoptive parents are within the placement preferences of 25 U.S.C. Sec. 1915 or good cause to the contrary has been shown on the record, the court shall enter a decree of adoption pursuant to RCW 26.33.250.

          (((4))) (5) If the court determines the petition should not be granted because the adoption is not in the best interest of the child, the court shall make appropriate provision for the care and custody of the child.

        Sec. 2.  Section 26, chapter 155, Laws of 1984 and RCW 26.33.260 are each amended to read as follows:

(1) The entry of a decree of adoption divests any parent or alleged father who is not married to the adoptive parent or who has not joined in the petition for adoption of all legal rights and obligations in respect to the adoptee, except past-due child support obligations.  The adoptee shall be free from all legal obligations of obedience and maintenance in respect to the parent.  The adoptee shall be, to all intents and purposes, and for all legal incidents, the child, legal heir, and lawful issue of the adoptive parent, entitled to all rights and privileges, including the right of inheritance and the right to take under testamentary disposition, and subject to all the obligations of a natural child of the adoptive parent.

(2) The entry of a decree of adoption does not divest the adoptee's grandparents of the right to visitation of the adoptee if:

(a) The grandparents appeared at the adoption hearing and requested visitation rights; and

(b) The court determines that grandparent visitation would be in the best interests of the adoptee.