Can my spouse adopt my child from a previous relationship in Colorado?

Yes, in Colorado your spouse can adopt your child from a previous relationship through a stepparent adoption, which is filed in your county's District Court. Here is what to know as you plan.

Who can adopt. An adopting adult generally must be 21 or older (C.R.S. § 19-5-202). Colorado's adoption statute also says that a petitioner with a living spouse, not legally separated, must petition jointly unless that spouse is the child's natural or adoptive parent (C.R.S. § 19-5-202). Because you are the child's parent, your spouse can usually petition as the stepparent. If your situation is unusual, the District Court clerk can confirm how this applies.

Residency. Colorado has no minimum residency period before you can file (C.R.S. §§ 19-5-201, 19-5-204). You do not need to wait out a set number of months in the state.

The other biological parent. This is the part that shapes your case.

• Consent: If the other parent agrees, they consent to the adoption.
• No contact: If the other parent has had no meaningful contact for 12 months or more, Colorado courts routinely approve stepparent adoptions without that parent's consent (C.R.S. § 19-5-203(1)(d)(II)).
• Contested or unknown parent: If the other parent objects, or you don't know where they are or who they are, the outcome depends on your facts. Ask the District Court clerk in your county or an attorney about that specific issue.

Your child's consent. A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203). The consent forms are a routine part of the paperwork.

Home study. Colorado does not require a home study for stepparent adoptions (C.R.S. § 19-5-209(1)).

Name change. Your child's name can be changed as part of the adoption at no additional cost. After the adoption, Colorado Department of Public Health and Environment Vital Records is the agency for questions about records.

Timeline and cost. Stepparent adoptions in Colorado typically take 3-6 months. Court filing fees range from $200-$500. Attorneys commonly charge $3,000-$5,000+, while the total cost of a family-filed adoption is typically under $1,000. Your county's District Court clerk can confirm the exact fee and any local filing steps.