What are Colorado's adoption laws?

Colorado's adoption laws are found in Colorado Revised Statutes Title 19, Article 5, and for a stepparent adoption they are fairly family-friendly: there is no minimum residency period, a home study is waived, and the case is filed in your county's District Court. Here are the key points.

Court: Stepparent adoption petitions are filed in the District Court. Colorado has 64 counties, and the clerk in your county can tell you about local filing procedures.

Residency: Colorado has no minimum residency period for adoption (C.R.S. §§ 19-5-201, 19-5-204).

Child's consent: A child who is 12 or older must consent to their own adoption (C.R.S. § 19-5-203). Younger children do not have this requirement.

Abandonment: When a biological parent has had no contact for 12 months, this can matter to whether that parent's consent is needed (C.R.S. § 19-5-203(1)(d)(II)). Every family's situation is different, so if the other parent is absent, unknown or likely to object, ask the District Court clerk or an attorney about your specific facts.

Termination of rights: In a Colorado stepparent adoption, termination is not handled as a separate case.

Home study: Colorado waives the home study for stepparent adoptions (C.R.S. § 19-5-209(1)).

Name change: The child's name can be changed as part of the adoption at no additional cost.

Who can adopt: Adopters must generally be 21 or older, foster parents included. A minor may petition with court approval (C.R.S. § 19-5-202). For any other question about who can adopt, the court clerk or an attorney can confirm.

Adult adoption: Colorado also permits adopting an adult, by either of these routes:

• A person 18 up to (not including) 21 may be adopted as a child with court approval (C.R.S. § 19-5-201).
• An adult of any age may be adopted as an heir at law (C.R.S. § 14-1-101). The adoptee must file a written answer consenting or disclaiming, and if they disclaim, the petition is dismissed. The petition is filed in the juvenile court of the county where the petitioner or the adoptee lives.

Whether the court requires a home study or a particular hearing in an adult case is something to confirm with the clerk.

Timeline: A stepparent adoption of a minor typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.

Cost: The court filing fee typically ranges from $200-$500. Attorneys often charge $3,000-$5,000+, while the total cost when you prepare the paperwork yourself is typically under $1,000.

Benefits of adopting: Adoption establishes inheritance rights, medical decision-making authority, and eligibility for Social Security and insurance benefits. It can also include a name change for the child.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.