Can a stepparent adopt a child born out of wedlock in Colorado?

Yes, a stepparent can ask the Colorado District Court to approve an adoption of a child whose parents were not married, and the steps for your family are the ones laid out below. What usually shapes the case is the other parent's situation today, such as whether that parent is involved, can be found, or will consent. How the law treats a parent because of the child's birth circumstances depends on your facts, so confirm that point with the District Court clerk in your county or an attorney.

Where the case is filed. Stepparent adoptions are handled by the District Court. Colorado has 64 counties, and the filing location is tied to where you live (C.R.S. §§ 19-5-201, 19-5-204). Colorado has no minimum residency period before you can file.

The other biological parent. Two points in Colorado's data bear on this:

• Colorado sets an abandonment period of 12 months (C.R.S. § 19-5-203(1)(d)(II)). Families often ask about this when the other parent has had no contact with the child.
• If the other parent is unknown, was never named on the birth certificate, or has never been involved, the court looks at the specific facts. We can't tell you how the court will treat your situation. Ask the clerk or an attorney about that issue.

It can help to look at the child's birth certificate, which is held by Colorado Department of Public Health and Environment Vital Records, to see how the other parent is listed. Then describe that accurately when you prepare your paperwork.

If the child is 12 or older. A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203). This is usually handled with a consent form included in your paperwork.

Home study. Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).

Who can adopt. An adopting adult must generally be 21 or older (C.R.S. § 19-5-202), though a minor may petition with court approval.

Name change. You can request a name change for the child as part of the adoption at no additional cost.

Timeline and cost. Stepparent adoptions in Colorado typically take 3-6 months. Court filing fees generally run $200-$500, and the total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney. Colorado also has a brief waiting period so that any objections can be raised.