Building a Family Through Adoption: A Guide for Same-Sex Couples in Colorado

For many same-sex couples in Colorado, raising a child and building a family is a cherished goal. Colorado law gives same-sex couples the same adoption paths as any other couple, and it adds a streamlined route for families formed through assisted reproduction.

This page is a general guide for Colorado residents. It covers who may adopt, which legal path fits which family, how the process works, and where the rules differ from one route to the next.

Who May Adopt in Colorado

Any person 21 or older may petition to adopt in Colorado adoption proceedings, including a foster parent.¹ A married person or civil union partner who is not legally separated must petition jointly, unless the spouse or partner is already the child’s parent.

Those rules are written without regard to the sex of the spouses or partners. The path you use depends on how the child came into your family and whether either of you is already a legal parent.

Which Adoption Path Fits Your Family?

• Joint adoption: Spouses or civil union partners who are adopting a child neither of them is related to petition together, so both become legal parents in the same decree.
• Stepparent adoption: When you are married to the child’s legal parent, a Colorado stepparent adoption lets you become the second legal parent. A civil union partner may adopt the other partner’s child through the same process.²
• Second-parent adoption: When a child has a sole legal parent who wants a specified second adult to adopt, the second adult may adopt without marriage. The sole legal parent gives written and verified consent.³
• Confirmatory adoption: When a child was conceived through assisted reproduction and the non-birth parent is already a parent or presumed parent, both parents may file to confirm that parentage.⁴

Confirmatory Adoption for Families Formed Through Assisted Reproduction

Colorado’s confirmatory adoption statute took effect in August 2022, and it is often called Marlo’s Law. Both parents join the petition, and the statute applies whether or not the parents are married.

Many families ask why this step matters when both parents are already on the birth certificate. A birth certificate records parentage but is not a court judgment, and a court decree is the form of recognition other states and countries are most likely to honor. Second-parent and confirmatory adoption for LGBTQ+ families walks through that choice in more detail.

Embryo Donation and Other Assisted Reproduction

Some couples use donated embryos, often called embryo adoption. Despite the name, this is not a court adoption but a form of assisted reproduction.⁵ Parentage of the resulting child is governed by Colorado’s assisted reproduction rules rather than the adoption code.

The same is true for donor sperm and donor eggs. Parents who use any of these methods should plan for a confirmatory adoption or another court order, and should keep the clinic consent records.

The right path depends on how your family was formed and where you may live later, and choosing the wrong one costs time. Johnson Law Group offers a no-pressure consultation to sort that out with you, so schedule a consultation before you file.

The Adoption Process

The steps vary by path, so treat these as a general sequence rather than a checklist for every case:

1. Home study: Most agency, private, and second-parent adoptions require a written home study by a county department, a qualified individual, or a licensed child placement agency.⁶ Stepparent and confirmatory adoptions follow different rules.
2. Matching or placement: In agency and private adoptions, a child is placed with you once the home study is approved. This step can take time.
3. Interstate placement: If a child is coming from another state, the Interstate Compact on the Placement of Children requires approval from both states before the child moves.⁷ Confirm early how the other state handles your path.
4. Consents and notice: Parental consents or terminations must be in place, and a child 12 or older must consent to the adoption.
5. Finalization: A court hearing ends with a final decree of adoption, and Vital Records then issues a new birth certificate.⁸

International Adoption

International adoption adds the other country’s rules to Colorado’s and federal immigration requirements. Some countries do not place children with same-sex couples, so availability depends on the country rather than on Colorado law.

If you are considering an international path, confirm the country’s current eligibility rules with the placing agency before you invest in a home study.

Practical Considerations

• Cost: Budget for agency fees, the home study, legal fees, and post-placement costs. Adoption tax credits and employer benefits can offset part of the expense.
• Bias in the process: Same-sex couples can still encounter bias from individual providers. Document what happens and raise it with your attorney early.
• Support: One Colorado, The Adoption Exchange, and PFLAG Denver all offer resources for LGBTQ+ adoptive families.
• Your child’s story: Be open with your child about their adoption or conception story in a way that fits their age.

Talk With a Colorado Adoption Attorney

Same-sex couples have several routes to a secure legal family in Colorado, and the right one is the one that will hold up wherever your family goes. Johnson Law Group is here to help.

The attorneys at Johnson Law Group help families choose and complete joint, stepparent, second-parent, and confirmatory adoptions, and they will give you a clear read on which path fits. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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