Kinship Adoption in Colorado: Who Qualifies and How It Works

Many Colorado families face the difficult situation of a child needing a new permanent, loving home. Kinship adoption offers a solution, placing a child with a close relative instead of an unrelated adoptive family.

This page explains who qualifies, when the option is available, and how the process works in Colorado.

What Is Kinship Adoption?

Kinship adoption allows a child who needs a new permanent home to be adopted by a close relative. In Colorado, that means a grandparent, aunt, uncle, brother, sister, half sibling, or first cousin who has had physical custody of the child for a year or more.¹

Kinship adoption prioritizes keeping children connected to their families and familiar surroundings. That continuity creates stability during a hard time.

When Is Kinship Adoption Considered?

Like any adoption in Colorado, a kinship adoption becomes an option only when a child is legally available for adoption.² In a kinship case, that happens in one of these ways:

• Voluntary relinquishment: A court has approved the parents’ voluntary relinquishment of the parent-child legal relationship. Parents who recognize they cannot provide the care the child needs may choose this path so a relative can step in.
• Involuntary termination: A court has terminated the parent-child legal relationship, often after findings of neglect or abuse. Kinship adoption then lets a trusted family member give the child a safe and settled home.
• Deceased parents with a court-appointed guardian: If the child’s parents have died and a court has appointed a guardian under Colorado guardianship laws, that guardian may give written and verified consent to the adoption.
• Parental consent: A parent who agrees can sign a consent and waiver before a clerk or notary, and the court then terminates that parent’s rights as part of the adoption.³
• Abandonment or nonsupport: The relative states by affidavit or sworn testimony that a parent abandoned the child, or failed without cause to provide reasonable support, for a year or more.⁴

A child who is the subject of a pending dependency and neglect case is handled differently, and the kinship petition cannot be filed while that case is open.⁵

The Abandonment or Nonsupport Route

This route is often the one that matters most for relatives. A parent may be absent, unreachable, or unwilling to sign anything, yet the relative has been raising the child for a year or longer.

The relative signs an Affidavit of Abandonment stating that a parent abandoned the child, or failed without cause to provide reasonable support, for at least a year.⁶ The affidavit also confirms the relative has had physical custody for at least a year.

After the petition is filed, the court issues a notice to the birth parent, served personally if the address is known. If it is not, the relative files an affidavit describing a specific, diligent search, and the court orders one publication of the notice in a local newspaper.⁷

The hearing cannot be held sooner than 35 days after service is complete, and the court may enter the final decree at that hearing. The court’s written findings state whether the parent abandoned the child or failed to provide support for a year or more.⁸

Qualifying for Kinship Adoption in Colorado

Understanding the eligibility requirements is crucial before you begin. Here is a closer look at the key factors:

1. Family relationship: The petitioner must be one of the relatives listed above. The relationship is what makes the kinship process available rather than a standard adoption.
2. Age: The petitioner must be 21 or older, unless the court gives a minor permission to file.⁹
3. Established physical custody: The petitioner must have had physical custody of the child for at least one year. That year shows a stable, pre-existing relationship and lets the child settle in before the adoption is finalized.
4. Background checks: The petitioner and every adult in the home complete state and federal fingerprint-based checks within 90 days before filing, plus a TRAILS records check. A felony involving child abuse, a crime of violence, or unlawful sexual behavior bars adoption.¹⁰
5. The child’s consent: A child who is 12 or older must give written consent to the adoption.¹¹ Talk with an older child early, because the adoption cannot go forward without that consent.

The Kinship Adoption Process in Colorado

The kinship process can be streamlined, but it has steps that must be completed in order. Here is a general overview:

1. Preparation: Consult a Colorado family law attorney early. Johnson Law Group will confirm that the child is legally available, that you meet the requirements, and that the background checks are ordered on the right timeline.
2. Petition: A Petition for Kinship Adoption (JDF 505) is filed in the county where you live, with the background check results and a statement of any fees charged. A separate petition is filed for each child.¹²
3. Consent or service: Each parent either signs a consent and waiver or is served with the petition. If you are relying on abandonment or nonsupport, the notice and publication rules described above apply.
4. Home study: The court may waive the family assessment in a kinship case, or order a narrower report. You ask by motion (JDF 515).¹³
5. Hearing and decree: The court must enter an order terminating the parents’ rights before it grants the adoption, then enters a Final Decree of Adoption. A Report of Adoption goes to Vital Records so a new birth certificate can issue.¹⁴

Every kinship case turns on whether the child is legally available and whether consent can be obtained, and those two questions decide the timeline. Johnson Law Group offers a no-pressure consultation to work through them with you, so schedule a consultation before you file.

The Benefits of Kinship Adoption

In addition to familiarity and stability, kinship adoption offers advantages for both the child and the family:

1. Strengthened family bonds: A relative stepping up builds unity and shared responsibility within the extended family, and gives the child a wider circle of people who are invested in them.
2. Less disruption: Entering foster care can be a significant loss for a child. Kinship adoption keeps the child with recognizable faces and a known routine, which reduces the stress of the transition.
3. Cultural continuity: Relatives often share the child’s cultural background and traditions, which helps the child keep that part of their identity.
4. Permanence with history: The child gains a legal parent who already knows their story, their medical history, and their extended family.

Considering Kinship Adoption? Seek Legal Guidance

While kinship adoption can be a straightforward process, consent, service, and the termination order are where cases stall. Johnson Law Group is here to help.

The attorneys at Johnson Law Group handle kinship, stepparent, and other adoptions across the state and will give you a clear read before you file. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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