The Stepparent Adoption Process in Colorado, Step by Step

Benefits of Stepparent Adoption

Adoption gives the child a second legal parent for inheritance, health insurance, and benefits purposes, and it lets the stepparent sign school and medical consents without a separate authorization. It also settles who the child’s legal parents are if something happens to the custodial parent.

Many families also describe the emotional value: a child who already sees the stepparent as a parent now has that relationship recognized. Those benefits are real, but they come with a permanent change, so the decision deserves careful thought.

Who Can File

• Age: The petitioner must be 21 or older, unless a court permits a minor to file.²
• Relationship: The petitioner must be married to, or in a civil union with, the child’s parent. Custody status is not the test; the filing must come with the custodial parent’s consent.
• Where to file: The case is filed in the county where the petitioner lives.
• The child: A child under 18 who is legally available for adoption may be adopted. A person between 18 and 21 may be adopted as a child with court approval, and an adult stepchild can be adopted through Colorado’s separate adult adoption process.³
• No pending dependency case: The child must not be the subject of a pending dependency and neglect proceeding.

Consent and the Other Parent

Your spouse, as the custodial parent, gives written and verified consent. A child who is 12 or older must also consent.

The other parent’s legal relationship has to end before the adoption can be granted. That happens when the other parent consents, or when a court has already terminated or approved relinquishment of their rights.⁴ It can also happen when the custodial parent shows the other parent abandoned the child, or failed without cause to provide reasonable support, for a year or more.

Even when the other parent consents, the court must enter an order terminating that parent’s rights as part of the adoption.⁵ Ending that relationship also ends the other parent’s support obligation going forward, which is one reason courts look carefully at these cases.

Whether the other parent will consent, can be found, or has abandoned the child decides which path your case takes. Johnson Law Group offers a no-pressure consultation to map that out with you, so schedule a consultation before you file.

Background Checks

The stepparent must complete state and federal fingerprint-based criminal history checks, run within 90 days before filing, and a TRAILS child abuse and neglect records check.⁶ A felony involving child abuse, a crime of violence, or unlawful sexual behavior bars adoption; other convictions are reviewed by the court.

The Stepparent Adoption Process

1. Consultation: Talk with an attorney about consent, the other parent’s situation, and the timeline.
2. Background checks: Complete the fingerprint checks and the TRAILS check so the results are current when you file.
3. Petition and forms: File the Petition for Stepparent Adoption (JDF 502) with the consents and a statement of fees. Add the petition to terminate the other parent’s rights.
4. Service or consent: The other parent signs a consent before a clerk or notary, or is personally served. If the other parent cannot be found, the court can authorize service by publication after you show diligent efforts.
5. Hearing and decree: The judge reviews the case, enters the order terminating the other parent’s rights, and signs the Final Decree of Adoption. A Report of Adoption then goes to Vital Records so a new birth certificate can issue.

The statewide stepparent packet does not list a home study, although a court can order one in a particular case. Kinship and custodial adoptions follow different rules, and kinship adoption in Colorado covers that path.

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