Can I adopt my special needs stepchild in Minnesota?

Yes, you can start a stepparent adoption of your stepchild in Minnesota by filing in the District Court in your county. Minnesota law on how a child's disability or special needs might affect a particular case should be confirmed with the District Court clerk or an attorney. Here is what applies to your filing.

Where you file: Your petition goes to the District Court in the county where you live. Minnesota has 87 counties, and each court's local forms and procedures can differ slightly. The clerk can also tell you the current filing fee.

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.

Your stepchild's consent: A child who is 14 or older must consent under Minn. Stat. § 259.24. If your child's disability affects their ability to understand or give consent, ask the clerk or an attorney how the court handles that. It depends on your child's situation.

If your stepchild is 18 or older: Adult adoption is allowed under Minn. Stat. § 259.241, and the adoptee's written consent is the only consent required. That consent is not valid if the adult is a "vulnerable adult" or is not competent to consent. If this may apply to your family, speak with an attorney before filing. Adult adoptions typically take 4-8 weeks, and no home study is needed.

The other legal parent: Whether the other parent must consent, or whether their rights can be ended on grounds such as abandonment (the period is 6 months under Minn. Stat. § 260C.301), depends on the facts. If the other parent is absent, unknown or likely to object, talk to an attorney about that issue.

Home study: It is waived in stepparent adoptions under Minn. Stat. § 259.41, so you do not need to schedule one.

Timeline: A stepparent adoption in Minnesota usually takes 3-6 months.