Can a step-grandparent adopt a grandchild in Colorado?

A step-grandparent may be able to adopt a grandchild in Colorado, but whether you qualify depends on your family's facts, so confirm your situation with the District Court clerk in your county or with an attorney. Colorado's stepparent adoption process is built around a stepparent married to the child's parent. A step-grandparent's situation is different, so it helps to know which parts of the process are clear and which need a local answer.

Who can adopt: An adopter must be 21 or older, and a minor may petition only with court approval (C.R.S. § 19-5-202). If the adopter has a living spouse who is not legally separated, the petition must be joint unless the spouse is the natural or adoptive parent of the child (C.R.S. § 19-5-202). If you are a step-grandparent married to the child's grandparent, ask the clerk how that rule applies to you.

Where you file: Adoption petitions are filed in the District Court. Colorado has 64 counties, and the court clerk in yours can tell you how filing works locally. Colorado sets no minimum residency period for the petitioner (C.R.S. §§ 19-5-201, 19-5-204).

Questions for the clerk or an attorney:

• Whether your relationship to the child, as a step-grandparent, fits the stepparent process or a different one.
• Which parents must consent, or whether their rights must first be ended. Colorado's abandonment period is 12 months (C.R.S. § 19-5-203(1)(d)(II)), but how it applies to your family depends on your facts. This is especially true if a parent is contesting or cannot be located.
• Whether a home study will be required. Colorado waives it for stepparent adoptions (C.R.S. § 19-5-209(1)), and the clerk can tell you whether that applies to a step-grandparent.

If the child is 12 or older: Children 12 and older must consent to their own adoption (C.R.S. § 19-5-203).

If the grandchild is now an adult: Colorado permits adult adoption by two routes.

• A person aged 18 up to, but not including, 21 may be adopted as a child with court approval, and the child-adoption provisions apply (C.R.S. § 19-5-201).
• An adult of any age may be adopted as heir at law (C.R.S. § 14-1-101). The adoptee must file a written answer that consents or disclaims. If they disclaim, the petition is dismissed. The decree may also change the adoptee's name.

Whether a home study or a hearing is needed in an adult case should be confirmed with the court clerk.

Time and cost: Court filing fees typically run $200-$500. Stepparent adoptions in Colorado typically take 3-6 months, and adult adoptions typically take 4-8 weeks. A step-grandparent case may follow a different timeline, so ask the clerk.