Can a same-sex stepparent adopt in Colorado?

Yes. If you are a same-sex stepparent in Colorado, you can ask the District Court to approve a stepparent adoption of your spouse's child, and you follow the same steps as any other Colorado stepparent. That includes a wife adopting her wife's child and a husband adopting his husband's child.

What the process looks like in Colorado

• Court: You file your petition in the District Court.
• Residency: Colorado has no minimum residency period for this adoption (C.R.S. §§ 19-5-201, 19-5-204).
• Your age: Adoptive parents must generally be 21 or older, and a minor may petition only with court approval (C.R.S. § 19-5-202).
• Home study: Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).
• Child's consent: A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203).
• Timeline: Stepparent adoptions typically take 3-6 months. Colorado has a brief waiting period so that any objections can be raised.
• Filing fee: Court filing fees run about $200-$500, and the typical total cost is under $1,000.

The child's other legal parent

Your adoption also involves the child's other legal parent. That parent can consent, or the court can consider whether there has been abandonment, which in Colorado involves a 12-month period (C.R.S. § 19-5-203(1)(d)(II)). If the other parent has not seen the child in a year or more, that is a common starting point. But whether it applies to you depends on your facts. If the other parent objects, or you don't know where they are, talk with the District Court clerk in your county or an attorney about that specific issue.

Questions to confirm locally

Some points depend on your family's circumstances, and this page does not settle them:

• If you and your partner are not married, ask the District Court clerk or an attorney whether and how an adoption would work for you.
• If the child has more than one legal parent on record, an attorney can explain how that affects your case.