Can a non-citizen adopt a stepchild in Washington DC?

Yes, a non-citizen may be able to adopt a stepchild in Washington DC. D.C. Code § 16-302 says "Any person may petition the court for a decree of adoption." Whether your particular immigration status affects your case is a question for the Superior Court clerk or an attorney, and the details are below.

What the Washington DC rules say about who may petition:

• Any person may petition, and no minimum age for the adopting parent is stated (D.C. Code § 16-302).
• If you are married to the child's parent, your spouse must join the petition. A spouse who is the child's natural parent need only consent (D.C. Code § 16-302).
• Washington DC sets no minimum residency period for a stepparent adoption. Jurisdiction is addressed in D.C. Code § 16-301(b), and the clerk can confirm how it applies to your family.

Immigration status: Green card holder, visa holder, DACA recipient, or something else, the sections we work from do not say how each status is treated. For that reason, please confirm with the Superior Court clerk or an immigration or adoption attorney before you file. This matters most if your status is temporary or unsettled. An immigration attorney is also the right person to ask how an adoption fits into your own immigration plans.

Other parts of a stepparent adoption in Washington DC:

• Court: Your petition is filed in the Superior Court of the District of Columbia.
• Child's consent: A child who is 14 or older must consent (D.C. Code § 16-304). Consents must be in writing and acknowledged before an authorized officer.
• Other parent: Whether the child's other legal parent must consent, or whether that parent's rights can be addressed, depends on your facts. D.C. Code § 16-304 refers to a 6-month abandonment period. If the other parent is absent, un