What if the biological parent lives in Washington DC but I live in another state?

If the biological parent lives in Washington DC and you live in another state, the first question is which court can hear your case, and that depends on jurisdiction rules you should confirm before you file. The court in question would be the Superior Court of the District of Columbia, or a court in your own state.

What Washington DC law says about who can file. Jurisdiction in Washington DC is set out in D.C. Code § 16-301(b), and Washington DC has no minimum residency period for a stepparent adoption of a child. Whether the Superior Court can hear a case when you and the child live elsewhere and only the other parent lives in Washington DC is a fact-specific point. The Superior Court clerk or an adoption attorney can confirm it for your situation. If your own state's court hears the case, that state's rules would apply, and your state's court clerk can explain them.

If the Superior Court is the right court. These Washington DC rules would matter:

• Consent: Consents must be written and acknowledged before an authorized officer (D.C. Code § 16-304). A cooperative parent living in Washington DC can handle this locally, even if you live far away.
• Child's consent: A child who is 14 or older must consent (D.C. Code § 16-304).
• Abandonment: Washington DC uses a 6-month period when a parent's rights are at issue because of abandonment (D.C. Code § 16-304).
• No separate termination case: Washington DC does not require a separate termination proceeding for a stepparent adoption.
• Home study: The home study is waived for stepparent adoptions (D.C. Code § 16-308(a)(2)). That can make a long-distance case simpler, because no one needs to visit your home.
• Timeline: Stepparent adoptions in Washington DC typically take 3-6 months.

If the other parent does not agree, or you can't find them. Contested cases, and cases where the parent's whereabouts are unknown, depend heavily on the facts. How notice must be given to a parent in Washington DC, and what happens if they cannot be located, should be confirmed with the Superior Court clerk or an attorney. The same goes for the filing fee. The clerk can tell you the current amount and how to pay it from out of state.

Practical steps.

• Write down where you, the child and the biological parent each live, and whether the