We divorced and remarried — can my spouse adopt my child now in Minnesota?

Yes, a remarried stepparent can petition to adopt in Minnesota, and an earlier divorce between you and your spouse is not one of the Minnesota requirements listed below. What matters is that you are now married and that you meet the steps for a stepparent adoption in District Court. How a past divorce might affect your particular paperwork, such as old custody or parenting orders, depends on your facts. The District Court clerk in your county or an attorney can confirm that for you.

Where it is filed: Your petition goes to the District Court in your county. Minnesota has 87 counties, and each court can tell you about its local filing steps.

What Minnesota's rules say:

• Residency: The general rule is 1 year of Minnesota residency (Minn. Stat. § 259.22). The court may shorten that to 30 days, and it may waive the requirement for a stepparent.
• Child's consent: Minnesota sets the child consent age at 14 (Minn. Stat. § 259.24). If your child is 14 or older, plan for that.
• Home study: It is waived for stepparent adoptions (Minn. Stat. § 259.41).
• Timeline: Stepparent adoptions in Minnesota typically take 3-6 months.

The child's other legal parent: If the other parent is not part of the picture, the abandonment period in Minnesota is 6 months (Minn. Stat. § 260C.301). Whether that applies to your family depends on specific facts, such as contact, support and any existing court orders. If the other parent is unknown, unreachable or likely to object, ask the court clerk or an attorney about your situation before filing.

What your divorce and remarriage may touch: Your family's history can come up in practical ways, so gather these before you start:

• Your current marriage certificate
• Any divorce decree and custody or parenting-time orders involving your child
• Your child's birth certificate
• Information about the other legal parent

Court filing fees are set by the court, so the clerk in your county can tell you the current amount.

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.