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

Yes, in Minnesota each spouse can generally pursue a stepparent adoption of the other's child, so both of you can become legal parents to all of the children. This is often called a cross-adoption or mutual adoption. Each adoption is its own case, with its own petition for each child. Whether your District Court hears the cases together or one after the other is something the clerk in your county can confirm.

How it works: You adopt your spouse's child as a stepparent, and your spouse adopts yours the same way. The case is filed in the District Court in the county where you live. Minnesota's adoption rules are in Minnesota Statutes Chapter 259.

What each adoption involves:

• Residency: The general rule in Minn. Stat. § 259.22 is 1 year of Minnesota residency. The court may shorten it to 30 days, and may waive it for a stepparent.
• Child's consent: Minnesota sets the child consent age at 14 (Minn. Stat. § 259.24). A child who is 14 or older is part of the consent process in that child's adoption.
• The other parent: Each child has another parent outside your household, so each adoption needs its own answer about that parent. Minnesota refers to a 6-month abandonment period in Minn. Stat. § 260C.301. Whether it applies depends on the facts, such as contact, support, and whether a parent is missing or objects. For a contested case or an unknown parent, ask an attorney or the District Court clerk about your situation.
• Home study: Minn. Stat. § 259.41 is the statute on home studies. In a stepparent adoption the home study is waived.
• Married couples: Each spouse is both an adopting parent in one case and the consenting spouse in the other, so you will each be involved in both filings.

Timeline: Minnesota stepparent adoptions typically run about 3-6 months. If your two cases are filed together, ask the clerk how the court schedules them.

Questions to ask the clerk:

• Whether the court prefers one combined filing or two separate ones
• The current court filing fees in your county
• Hearing dates and what to bring
• Any local steps for children who are 14 or older