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

3 min readHelping families since 2001District of Columbia

Yes, your spouse can petition the Superior Court in Washington DC to adopt your child. Under D.C. Code § 16-302, any person may petition the court for a decree of adoption. Whether your earlier divorce affects anything in your particular situation is a question for the Superior Court clerk or an attorney. The points below are the ones that shape a Washington DC stepparent adoption.

Where you file: The case is filed in the Superior Court. Washington DC is a single district, so there is no county to choose.

Residency: Washington DC has no minimum residency period for this kind of petition (D.C. Code § 16-301(b)). You do not need to wait out a set number of months before filing.

Your child's consent: A child who is 14 or older has a consent role in the adoption (D.C. Code § 16-304). If your child is younger than 14, ask the clerk how that is handled in your case.

The child's other parent: This is often the central question in a stepparent adoption, because the other legal parent's rights have to be addressed. Consents must be in writing and acknowledged before an authorized officer (D.C. Code § 16-304). If the other parent is willing to consent, the paperwork is more straightforward. If they have been absent, Washington DC uses a 6-month abandonment period (D.C. Code § 16-304). Whether your facts meet that standard, and whether someone else's consent is needed, depends on your circumstances. If the other parent might contest the adoption, or you do not know where they are, talk to the Superior Court clerk or an attorney about that specific issue.

Home study: For a stepparent adoption, Washington DC waives the home study (D.C. Code § 16-308(a)(2)). The judge still decides the case after reviewing your petition, the consents and the evidence presented.

Timeline and fees: A stepparent adoption in Washington DC typically takes about 3-6 months. Court filing fees are set by the Superior Court, so the clerk can give you the current amount.

Records: You will likely need documents such as your marriage certificate and your child's birth certificate. The DC Department of Health Vital Records is the agency to ask about vital records, and the clerk can confirm exactly which documents the court wants with your petition.

What stays the same: Your marriage today is what puts your spouse in the position of a stepparent. Many blended families have complicated histories, and the court's focus is on the paperwork being complete and the legal parents' rights being properly addressed.

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 the Superior Court. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 71 Washington DC families, and more than 34,000 families nationally since 2001.

Stepparent adoption in Washington DC at a glance

Court
Superior Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Child must consent at age
14
Home study
Usually waived for stepparents
Washington DC families we've helped
71

Full Washington DC guide →

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02Check the state rules

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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