Can I adopt my special needs stepchild in Colorado?

Yes, you can ask the Colorado District Court to approve a stepparent adoption of your stepchild. The data we work from lists no separate process for special needs. How your child's particular diagnosis or abilities fit into the steps below is something the District Court clerk in your county or an attorney can confirm.

If your stepchild is a minor, the basics are:

• Court: The petition is filed in District Court.
• Residency: Colorado has no minimum residency period (C.R.S. §§ 19-5-201, 19-5-204).
• Child's consent: A child who is 12 or older must consent to the adoption (C.R.S. § 19-5-203). If your child's disability affects their ability to give that consent, ask the clerk or an attorney how the court handles it.
• Biological parent: If the other parent has had no meaningful contact for 12 months or more, that can be grounds to proceed without their consent (C.R.S. § 19-5-203(1)(d)(II)). If the other parent is involved or the case is contested, talk to an attorney about your specific situation.
• Home study: Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).
• Timeline: A stepparent adoption typically takes 3-6 months.
• Name: You can change your child's name as part of the adoption at no additional cost.

If your stepchild is 18 or older: Many parents of children with special needs ask about this, and Colorado has two paths.

• Ages 18 to 20: With court approval, a person 18 up to (not including) 21 may be adopted as a child, and the child-adoption rules apply (C.R.S. § 19-5-201).
• Any adult age: An adult can be adopted "as heir at law" under C.R.S. § 14-1-101. The decree declares the person your heir at law, entitled to inherit as if born to you, and may change their name. The adult being adopted must file a written answer that either consents or disclaims. If they disclaim, the petition is dismissed. If they are non compos mentis, a legally qualified conservator or other representative can give the consent. This petition is filed in the juvenile court of the county where you or the adoptee lives.
• Open questions: Whether a spouse must join the petition, whether the court requires a home study for an adult adoption, and what hearing is held are points to confirm with the court clerk or an attorney.