In Washington DC, a stepparent adoption of a child is filed in the Superior Court. You need to be married to the child's parent, have the other legal parent's consent (or a court finding of abandonment), and get the child's own consent if the child is 14 or older. Here is how each requirement works.
Who can petition: D.C. Code § 16-302 says any person may petition the court for a decree of adoption. If you are married, your spouse must join the petition, unless your spouse is the child's natural parent. In that case your spouse only needs to consent.
Residency: Washington DC sets no minimum residency period for a stepparent adoption of a child. Jurisdiction is addressed in D.C. Code § 16-301(b). The Superior Court clerk can confirm how it applies to your situation.
Consent of the other parent: Consents must be in writing and acknowledged before an authorized officer under D.C. Code § 16-304. If the other parent will not or cannot consent, the alternative is abandonment. Washington DC uses a 6-month period under D.C. Code § 16-304. Whether your facts meet that standard is for the court to decide. If the other parent is contested, cannot be found, or the parentage is unclear, talk to the Superior Court clerk or an attorney about your specific situation.
Consent of the child: A child who is 14 or older must consent under D.C. Code § 16-304.
Home study: For stepparent adoptions, Washington DC waives the home study investigation under D.C. Code § 16-308(a)(2). You will not need to schedule a social worker visit as a general step. If you want to know whether a criminal records check or fingerprinting applies in your case, the clerk can confirm.
Filing and fees: You file your petition, consents and supporting papers with the Superior Court of the District of Columbia. Because the District is a single jurisdiction, there is no county to choose. The clerk can tell you the current filing fee and any local filing rules.
Timeline: A stepparent adoption in Washington DC typically takes about 3-6 months.
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
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