Can I adopt my stepchild if there is an existing custody order in Minnesota?

You can begin a stepparent adoption in Minnesota's District Court when a custody order already exists, but how that order is handled depends on your family's facts, so the District Court clerk in your county or an attorney should confirm that specific point. Minnesota's adoption requirements below apply to your case either way.

What the custody order question depends on: Whether the order gives the other parent parenting time, whether that parent is involved, and whether they will agree to the adoption all affect your case. If the other parent contests the adoption, or you don't know where they are, talk with an attorney about your situation.

Residency: Under Minn. Stat. § 259.22, the general rule is 1 year of Minnesota residency. The court may shorten it to 30 days, and may waive it for a stepparent.

Child's consent: A child who is 14 or older has a consent role under Minn. Stat. § 259.24. If your stepchild is under 14, the clerk can tell you how that is handled.

Abandonment: Minnesota's abandonment period is 6 months under Minn. Stat. § 260C.301. If your custody order gives the other parent visitation that hasn't been used, the clerk or an attorney can explain whether and how that period applies to you.

Home study: Home studies are waived for stepparent adoptions under Minn. Stat. § 259.41, which removes one step that can slow things down.

Timeline: Stepparent adoptions in Minnesota typically run 3-6 months. Contested cases or questions about the other parent can change that.

Court fees: Filing fees are set by the District Court, so the clerk in your county can give you the current amount.

Getting ready:

• Find a copy of your existing custody order, along with any other court orders about your stepchild.
• Note the other parent's last known address and how recently they have had contact with your stepchild.
• Write down your dates of Minnesota residency.
• Call the District Court clerk in your county with any questions about how your order fits into the filing.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The cost is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 189 Minnesota families, and 34,000+ families nationally since 2001.