Can a same-sex stepparent adopt in Washington DC?

Yes, a same-sex stepparent can petition the Superior Court of the District of Columbia to adopt a spouse's child. D.C. Code § 16-302 says any person may petition the court for a decree of adoption, and it sets no minimum age for the person adopting. The rules below apply to your petition in the same way.

Your spouse's role. Under D.C. Code § 16-302, a petitioner's spouse must join in the petition. If that spouse is the child's natural parent, they only need to consent. In a stepparent adoption, that usually means your spouse signs a consent instead of joining as a co-petitioner.

Where you file. Your case is filed in the Superior Court of the District of Columbia. Washington DC is a single district, so there is no county to choose, whether you live in Capitol Hill, Dupont Circle, Adams Morgan, Georgetown or elsewhere in the city.

What to expect:

• Residency: There is no minimum residency period for a stepparent adoption under D.C. Code § 16-301(b).
• Child's consent: A child who is 14 or older must consent (D.C. Code § 16-304).
• The other legal parent: Their consent, or a showing of abandonment, is part of the process. The abandonment period in D.C. Code § 16-304 is 6 months. Whether it applies to your family depends on your facts.
• Home study: It is waived for stepparent adoptions (D.C. Code § 16-308(a)(2)).
• Timeline: Stepparent adoptions in Washington DC are typically completed in 3-6 months.
• Consent paperwork: Consents must be written and acknowledged before an authorized officer (D.C. Code § 16-304).

Questions to confirm locally. Some points depend on your family's situation, and you should confirm them with the Superior Court clerk or an attorney:

• If you and your partner are not married, ask how Washington DC law treats your situation.
• If the other legal parent is unknown, cannot be found, or objects, you need advice on that specific issue. An attorney is the right person for a contested case.
• The current court filing fee is something the clerk can confirm.
• For questions about a child's birth record after the adoption, the DC Department of Health Vital Records is the agency to ask.

Why the wording of the law matters. The Washington DC adoption statutes (District of Columbia Code Title 16, Chapter 3) speak in terms of "any person" and "spouse." Both spouses in a same-sex marriage are covered by that language. Keep your marriage documents and your child's birth records together before you start, since the court will review the petition and consents you submit.

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 the Superior Court. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 71 Washington DC families, and more than 34,000 families nationally since 2001.