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

Yes. In Washington DC, you and your spouse can each petition to adopt the other's child, because "any person may petition the court for a decree of adoption" (D.C. Code § 16-302). This is often called a mutual or cross-adoption. You adopt your spouse's child, your spouse adopts yours, and both of you become legal parents to every child in the household.

What the statute tells us, and what to confirm: The law says any person may petition, and D.C. Code § 16-302 also addresses the role of a petitioner's spouse. Whether the Superior Court prefers cross-adoptions filed together or one after the other is a procedural question. The Superior Court clerk can confirm this before you file.

What to expect for each child's adoption:

• Court: Your petition is filed in the Superior Court of the District of Columbia.
• Residency: Washington DC has no fixed minimum residency period for a stepparent adoption of a child (D.C. Code § 16-301(b)).
• Child's consent: A child who is 14 or older must consent (D.C. Code § 16-304). If your children are different ages, this applies child by child.
• The other parent: Each child's other legal parent matters separately. Washington DC refers to a 6-month abandonment period in D.C. Code § 16-304. Whether it fits your situation depends on your facts. If a parent is unknown, can't be found, or may object, ask an attorney or the Superior Court clerk about that child.
• Home study: The investigation is waived for stepparent adoptions (D.C. Code § 16-308(a)(2)), so a court-ordered home study is not part of the process.

Timeline: Stepparent adoptions in Washington DC typically take 3-6 months. Because each child has their own consents and other-parent questions, one child's case may move at a different pace than another's. The clerk can tell you how the court handles cases filed at the same time.

Fees and records: The Superior Court's filing fee is set by the court, so the clerk can confirm the current amount. After the adoption is granted, you can ask DC Department of Health Vital Records how to update your children's birth records.

Things that depend on your family:

• Whether each child's other parent will consent.
• Whether any child is old enough to need to give their own consent.
• Whether you want to file both adoptions at once or in sequence.

If any of these are unclear or contested, an attorney can advise you on your specific circumstances.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.