Can both my spouse and I adopt each other's children from prior relationships in Colorado?

Yes. In Colorado, each of you can pursue a stepparent adoption of your spouse's child or children in District Court, so both of you end up as legal parents to every child in your family. This is often called a mutual or cross adoption. Colorado's statutes don't use that label, so the District Court clerk in your county can tell you how they prefer to receive the filings, whether together or one after the other.

How the joint-petition rule fits. Colorado requires a petitioner who has a living spouse (not legally separated) to petition jointly, unless the spouse is the natural or adoptive parent of the child (C.R.S. § 19-5-202). In a cross adoption, your spouse is the parent of the child you are adopting, and you are the parent of the child your spouse is adopting.

What applies to each child's adoption:

• Court: The petition goes to the District Court. Colorado has 64 counties, so ask your county's clerk about local filing practices.
• Residency: Colorado has no minimum residency period (C.R.S. §§ 19-5-201, 19-5-204).
• Adopting parent's age: You must be 21 or older (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). If you have older children, each one's consent will be needed for their adoption.
• The other biological parent: For each child, the other parent's situation matters. Colorado's abandonment period is 12 months (C.R.S. § 19-5-203(1)(d)(II)). Where a parent has had no meaningful contact for a year or more, Colorado courts routinely approve adoptions without that parent's consent. If a parent is unknown, or objects, your case depends on its facts, so ask the clerk or an attorney about that child's situation.
• Name changes: Colorado allows a name change for a child as part of the stepparent adoption at no additional cost, which can help