Colorado Stepparent Adoption Guide 2026: Complete Process

The short answer: in Colorado, a stepparent adopts by filing a Petition for Stepparent Adoption in the county where you live, attaching state and federal fingerprint background checks and a state child-welfare records check, and attending a short final hearing. Colorado law lets the adoption go forward when the other parent has abandoned the child, or failed without cause to provide reasonable support, for one year or more (C.R.S. § 19-5-203(1)(d)(II)). In our experience, about 80% of the stepparent adoptions we've completed went forward without the other biological parent's consent: the father never signed, and the judge approved the adoption anyway.

If you've been raising your stepchild as your own, adoption makes the law match your family's everyday reality. After the final decree, your child is, in the words of Colorado's statute, "for all intents and purposes" your child, with all the rights and privileges of a child born to you (C.R.S. § 19-5-211(1)). Adopting a stepchild is the most common form of adoption in the United States (Child Welfare Information Gateway).

Who Can File for Stepparent Adoption in Colorado?

Colorado's basic rules are short and family-friendly:

• You must be 21 or older (a younger person can petition only with the court's approval) (C.R.S. § 19-5-202(1)–(2)).
• You can file on your own. A married person normally petitions jointly with a spouse, but not when the spouse is the child's own parent (§ 19-5-202(3)).
• Civil union partners count as stepparents. A partner in a civil union can adopt the other partner's child through the same stepparent process (§ 19-5-202(5)).
• The child must be under 18 and either present in Colorado when you file or under a Colorado court's jurisdiction for at least six months. With the court's approval, a person aged 18 to 20 can be adopted as a child (§ 19-5-201).
• File in your county. The petition is filed in the county where you live (§ 19-5-204).

Not married and not in a civil union?

Colorado also has a separate "second-parent adoption" path, available when the child has only one legal parent, who consents to adoption by a second adult. That path requires a written home study report, which a stepparent adoption does not (§ 19-5-203(1)(d.5)). See the Colorado state guide for details.

Does the Other Parent Have to Consent?

In most Colorado stepparent adoptions we've helped with, he never signs anything. Colorado's statute builds the no-consent path right into the stepparent rules. The child is available for adoption when your spouse (the custodial parent) gives written, verified consent along with an affidavit or sworn testimony that the other parent has:

That's C.R.S. § 19-5-203(1)(d)(II), and the Colorado Judicial Branch's own Affidavit of Abandonment (JDF 525) is built for exactly this situation. The other parent gets notice of the hearing, and if he doesn't come forward, the court can enter the final decree. At the end, the court also enters an order terminating the other parent's parental rights (§ 19-5-210(6)).

If the other parent agrees

He signs the Consent to Adoption, Non-Custodial Parent (JDF 510), and can sign a waiver and acceptance of service in front of a court clerk or notary. Consent cases are usually the most predictable.

If the other parent has died

Your spouse's written, verified consent is enough when the other parent is deceased (§ 19-5-203(1)(d)(I)). Include a certified death certificate.

If the parents were never married

Colorado has a separate consent provision for stepparent adoptions where the child's parents weren't married when the child was conceived and born (§ 19-5-203(1)(f)). It uses Colorado's legal definition of "parent," so gather any paternity or parentage orders before you file.

What If We Don't Know Where the Other Parent Is?

That doesn't stop your adoption. Colorado's statute speaks to it directly: once you file an affidavit that, after a diligent search, the other parent's address is still unknown, the court orders service by one publication of the notice in a newspaper of general circulation in the county where the hearing will be held. The hearing can be held no sooner than 35 days after service is complete (§ 19-5-203(1)(d)(II)).

The court forms for this are the Affidavit of Diligent Efforts (JDF 526), the Motion and Affidavit for Publication of Notice (JDF 517) and the Order for Publication and Mailing (JDF 518). Search the usual places (last known addresses, relatives, social media, public records), and keep returned mail and receipts to attach to your affidavit. You arrange and pay for the newspaper notice, then bring the affidavit of publication to court. Courts handle this routinely.

Here's how a Colorado stepparent adoption moves from paperwork to final decree, following the Colorado Judicial Branch's own instructions (JDF 500).

Step 1: Complete Your Background Checks

Colorado requires two checks from the adopting stepparent before filing:

• Fingerprint-based criminal history checks from the Colorado Bureau of Investigation (CBI) and the FBI. The JDF 500 instructions require them to be run within a short window before you file, so time them accordingly. The petition must attach a current criminal history check paid for by the petitioner (§ 19-5-208(5)).
• A TRAILS background check from the Colorado Department of Human Services, with its own fee paid to that department.

The petition also includes a statement about certain past convictions. Colorado law bars a final decree for specific serious felonies, and for stepparents, a felony physical assault or battery within the past five years (§ 19-5-210(4)).

Step 2: Prepare Your Forms

The Colorado Judicial Branch publishes a full stepparent adoption packet. Depending on your situation, you'll use:

Step 3: File With the District Court

File your petition and supporting forms with the district court in your county, and pay the filing fee. The JDF 500 instructions (revised May 2026) list a $197 filing fee. Each child has a separate case, and a filing fee generally applies to each; the instructions describe a narrow exception for siblings in identical circumstances filed the same day. Ask your clerk whether they want every form at filing, and bring pre-addressed, stamped envelopes for you and the other parent.

Step 4: Notify the Other Parent

How this works depends on his situation:

• He consents: he signs JDF 510 and a waiver and acceptance of service.
• He won't consent, but you know where he is: the court issues the Notice of Adoption Proceeding and Summons (JDF 506), and a sheriff, private process server, or another adult who isn't a party serves him with the papers. File the Affidavit of Service (JDF 507).
• You can't find him: service by one newspaper publication, as described above.

Notice gives him a chance to respond. If he doesn't, the case moves forward.

Step 5: Attend the Final Hearing

Colorado law tells courts to hold the hearing in a stepparent adoption "as soon as possible" (§ 19-5-210(2)), and adoption hearings get priority on the court's docket (§ 19-5-202.5). A full home study isn't required in a stepparent adoption (§ 19-5-209(1)).

Hearings are closed to the public. At the hearing, the judge confirms the child is available for adoption, reviews the background checks, and finds that the adoption is in your child's best interest. If your stepchild is 12 or older, the child's written consent is required (§ 19-5-203(2)). The judge then signs the Finding of Fact and Decree (JDF 521) and the Final Decree of Adoption (JDF 522).

Step 6: Get the New Birth Certificate

After the decree is signed, you complete a Report of Adoption, and the court sends it to the Colorado State Registrar. For a child born in Colorado, the JDF 500 instructions say Vital Records will contact you, typically within four to six weeks, with an application for the new certificate (you'll need ID and the Vital Records fee). If your child was born in another state, Colorado forwards the report there, and that state's fees and timing apply. Order extra certified copies of the decree for schools, insurance and Social Security.

What Changes Legally After the Adoption

You become your child's legal parent with all the rights and obligations of a parent. The other parent is divested of all legal rights and obligations toward the child, and his duty to pay support going forward ends (§ 19-5-211(2)). Whether any back support already owed can still be collected depends on Colorado law and your specific orders. Your spouse's own parental rights are not affected (§ 19-5-211(3)).

How Long Does It Take, and What Does It Cost?

Many uncontested Colorado stepparent adoptions finish within a few months. The background checks, your court's calendar and, if needed, the publication period and 35-day wait set the pace.

Cost item	What to expect
Court filing fee	$197 per the Colorado Judicial Branch's JDF 500 instructions; confirm with your clerk
CBI/FBI fingerprints and TRAILS check	Paid to the fingerprinting vendor and to the Department of Human Services; amounts vary
Service or publication	Process server or newspaper charges, if needed
New birth certificate	Paid to Vital Records in your child's birth state
StepParent Adoption 360 document package	$349 for the first child, $99 for each additional child

See our stepparent adoption cost guide for more.

Frequently Asked Questions

Can I adopt my stepchild in Colorado without the father's consent?

Yes. If he has abandoned the child, or failed without cause to provide reasonable support, for one year or more, your spouse's consent and sworn affidavit let the adoption go forward under C.R.S. § 19-5-203(1)(d)(II). In our experience, that's how most stepparent adoptions happen: the father never signs, and the judge approves the adoption anyway.

What if I don't know where the other parent is?

After a diligent search, you file an affidavit and the court orders one publication of the notice in a newspaper in the county where the hearing will be held. The hearing can take place 35 or more days after service is complete.

Does my stepchild have to agree?

Yes, if the child is 12 or older. Colorado requires the written consent of an adoptee 12 or older, and the court packet includes a form for it (JDF 511).

Is a home study required for a Colorado stepparent adoption?

No. Colorado exempts stepparent adoptions from the home study requirement. You do need CBI and FBI fingerprint-based criminal history checks and a TRAILS check.

Do I need a lawyer to adopt my stepchild in Colorado?

Colorado doesn't require one, and the Judicial Branch publishes forms and instructions for people filing on their own. If the other parent actively contests the adoption, that's the time to talk with a Colorado attorney.

What happens to child support after the adoption?

The other parent is divested of his legal rights and obligations, so his duty to pay support going forward ends. Whether past-due support can still be collected depends on Colorado law.

About the Author

Doug Brown, Founder. Doug Brown has helped families prepare stepparent and adult adoption paperwork since 2001: more than 34,000 families in all 50 states. StepParent Adoption 360 is a document-preparation service, not a law firm, and doesn't give legal advice.

Sources: Colorado Revised Statutes §§ 19-5-201, 19-5-202, 19-5-202.5, 19-5-203, 19-5-204, 19-5-208, 19-5-209, 19-5-210 and 19-5-211 (Office of Legislative Legal Services, 2024 printout of Title 19); Colorado Judicial Branch, JDF 500 Instructions for Stepparent Adoption (R5/26) and stepparent adoption forms list; Child Welfare Information Gateway, "Stepparent Adoption" factsheet. Company figures (34,000+ families since 2001; about 80% of completed stepparent adoptions without the other parent's consent) are from our own records.