Can a non-citizen adopt a stepchild in Colorado?

Colorado's stepparent adoption rules focus on things like your age, the child's consent and the other parent's consent or abandonment rather than citizenship, but how your own immigration status fits in is a question to confirm with the District Court clerk or an immigration attorney. Immigration outcomes depend on individual facts, so please don't rely on a general article for that part.

What Colorado does spell out for the adopting parent:

• Age: You must be 21 or older, and foster parents are included. A minor may petition only with court approval (C.R.S. § 19-5-202).
• Residency: Colorado has no minimum residency period before you can file (C.R.S. §§ 19-5-201, 19-5-204). Older materials that mention a six-month residency requirement are not accurate.
• Court: Your case is filed in the District Court. The clerk in your county can tell you about local filing steps.

Where your status could matter: Colorado's rules don't give a specific list of immigration categories that qualify or don't. If you hold a green card, a work visa, a student visa or DACA, or if you are undocumented, ask the clerk or an immigration attorney how your situation applies. An attorney can also advise you on how an adoption might relate to your own immigration case. We can't answer that for you, and it's worth getting right.

Other Colorado points that apply to every stepparent adoption:

• Child's consent: A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203).
• Other parent's consent or abandonment: If the other biological parent will not consent, Colorado looks at abandonment, which is a period of 12 months (C.R.S. § 19-5-203(1)(d)(II)). Whether your situation meets that standard depends on the facts. If the case is contested or the other parent can't be located, an attorney can advise you on that specific issue.
• Home study: Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).
• Name change: The child's name can be changed as part of the adoption at no additional cost.
• Timeline: Stepparent adoptions in Colorado typically take 3-6 months.
• Court filing fee: The fee typically runs $200-$500, depending on the county. The total cost is typically under $1,000 when you prepare the paperwork yourself, compared with $3,000-$5,000+ for an attorney.

Questions to bring to the clerk or an attorney:

• Does my immigration status change anything about filing in this county?
• Are there any extra documents the court wants from me?
• If the other parent hasn't been involved, what will the court need to see?

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Colorado county.