Family Law

Stepparent Adoption in Colorado

Posted in Child Custody,Family Law on November 9, 2018

When a person with a biological child marries another person, the new spouse becomes the child’s stepparent. There are many situations in which a stepparent may wish to raise the child permanently with the child’s biological parent, and adoption is the best way to ensure the child has the legal protection afforded to a biological child. An adoption can also help bring a family closer.

In Colorado, a stepparent may adopt a spouse’s biological child under certain conditions. First, the stepparent must not have any prior felony convictions that involve child abuse, violent crime, or crimes of a sexual nature.

Under Colorado law, a child is eligible for adoption when the other biological parent is deceased, or the court has officially ended the parent-child legal relationship between the child and the other biological parent. If the other parent is still alive, he or she must voluntarily relinquish parental rights or provide written permission for the adoption to the other biological parent.

Benefits of Stepparent Adoption

Stepparent adoption can help a mixed family feel more “whole” in several ways. The adopted child may take the new adoptive parent’s last name and feel like more of a family. Depending on the age of the adopted child, a stepparent adoption can be a great way to overcome the difficulties of a divorce or the death of a parent.

The adopted child will have all of the rights that a biological child would, including inheritance rights and the right to pursue a wrongful death claim if the adoptive parent dies due to the negligence of another party.

The Adoption Process

Once a biological parent obtains the consent of the other biological parent for the adoption to move forward, the adoptive parent will need to undergo a federal and state criminal background check. The adoptive parent must also obtain and complete several forms, including:

  • Petition for Adoption
  • Verified Statement of Fees Charged
  • Consent to Adoption – Custodial Parent
  • Consent to Adoption – Child Over Twelve Years of Age
  • Notice of Hearing
  • Petition to Terminate the Parent-Child Legal Relationship
  • Consent to Adoption – Non-Custodial Parent
  • Waiver and Acceptance of Service

You Can Print All of The Forms Here.

An experienced family law attorney can help an adoption applicant fill out the necessary paperwork and track down any other documentation that may need to accompany the petition.

After completing and submitting this packet of paperwork, the court will likely send an investigator to conduct a home check. This person’s job is to determine whether the adoption would be in the best interest of the child. The investigator will likely ask the child a few questions about his or her home life, school, and his or her relationship with the parents. The investigator will also interview the parents, relatives, step-siblings, and other parties who may be able to provide insight into the family’s dynamics.

The Adoption Hearing and Beyond

Once the investigator provides the court with his or her findings, the adoption process will proceed to a hearing. During this hearing, the adoption applicant will provide the judge with his or her reasoning why the judge should end the legal parent-child relationship with the other biological parent and approve the adoption. If the other biological parent does not contest the adoption or has voluntarily relinquished his or her parental rights, the judge will likely approve the adoption petition.

After the judge approves the adoption, he or she will issue a Final Decree formalizing the adoption and recognizing the legal parent-child relationship between the adoptive parent and adopted child. The parents may also arrange for a name change and a reissued birth certificate. Adoption can help safeguard a family’s financial future and protect an adopted child in several ways. If you believe that an adoption would be right for your family, consult an attorney as soon as possible.