How do I adopt an adult in Colorado?

To adopt an adult in Colorado, you file a petition in the court of the county where you or the person being adopted lives, using one of two routes: a young adult aged 18 up to (not including) 21 can be adopted as a child, or an adult of any age can be adopted as your "heir at law."

Route 1: ages 18 to 20. With court approval, a person aged 18 up to 21 may be adopted as a child, and the child-adoption provisions apply (C.R.S. § 19-5-201). The petition is filed in the petitioner's county of residence or where the placement agency is located (C.R.S. § 19-5-204). Colorado sets no minimum residency period for these filings (C.R.S. §§ 19-5-201, 19-5-204).

Route 2: any adult age. Under C.R.S. § 14-1-101, the court's decree declares the person your heir at law, entitled to inherit as if born to you. The decree may also change the adoptee's name. The sections reviewed list no relationship or disability condition for this route. The petition goes to the juvenile court of the county where you live or where the person being adopted lives.

Who must consent. For Route 2, the person being adopted is served with a summons and must file a written answer that either consents or disclaims.

• If they consent, the petition is granted.
• If they disclaim, the petition is dismissed.
• If the adoptee is non compos mentis, a legally qualified conservator or other representative may consent for them.
• Consent from biological parents is not mentioned in C.R.S. § 14-1-101. If that matters in your situation, ask the District Court clerk or an attorney.

Your age and marital status. You must be 21 or older, foster parents included. A minor may petition only with court approval (C.R.S. § 19-5-202). If you are married and not legally separated, Colorado generally requires a joint petition with your spouse unless your spouse is the natural or adoptive parent of "the child" (C.R.S. § 19-5-202). Whether that applies to an heir-at-law adoption has not been confirmed, so check with the clerk or an attorney.

Home study and hearing. The heir-at-law statute says the case follows the child-adoption procedure "insofar as practicable." Whether the court requires a home study or a hearing for an adult adoption is not settled by the text, so ask the District Court clerk in your county what they expect before you file.