What is the residency requirement for adoption in Washington DC?

Washington DC does not set a minimum number of months you must have lived here before you can file a stepparent adoption. What matters is whether the Superior Court has jurisdiction, and that is governed by D.C. Code § 16-301(b).

How residency works. The court has jurisdiction if the person petitioning to adopt is a legal resident of Washington DC, or has actually lived in Washington DC for at least one year before filing. So if you are already a legal resident, you do not have to wait out a set period first. If you are not yet a legal resident, the one-year-of-actual-residence route is the one to look at.

If you recently moved. Your situation depends on your facts, such as whether you have established legal residence here and when you began living in the District. The Superior Court clerk can confirm how the court applies the rule to your circumstances. The statute also contains other jurisdiction grounds that concern the child. Whether one of them fits your family is a question for the clerk or an attorney.

Where you file. Washington DC has a single district rather than counties. Your petition goes to the Superior Court of the District of Columbia, whether you live in Georgetown, Capitol Hill, Dupont Circle, Adams Morgan or anywhere else in the city.

Your spouse's role. Under D.C. Code § 16-302, the petitioner's spouse must join in the petition. A spouse who is the child's natural parent only needs to consent. Consents must be written and acknowledged before an authorized officer, under D.C. Code § 16-304.

Adult adoption. The same residency test appears in D.C. Code § 16-301(b) for a petitioner adopting an adult. The other grounds in that section refer to a "child," so if you are adopting someone over 18 and do not fit the resident or one-year route, check with the clerk or an attorney. An adult adoptee must consent to the adoption.

What to gather. Before filing, it helps to have:

• Proof of where you live and how long you have lived there, such as a lease, mortgage, utility bills or tax records
• Your child's birth certificate, which you can request from the DC Department of Health Vital Records if you need a copy
• The written, acknowledged consents the court requires

Your situation may involve contested consent, an unknown parent, or a question about whether you meet the residency test. In those cases, talk to the Superior Court clerk or an attorney about that specific issue.

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