Stepparent
Adoption in Colorado
Individuals may wonder when a
stepparent may legally adopt the biological child of their
marital partner.
Colorado recognizes the special circumstances of stepparents
with laws that specifically relate to stepparent adoptions.
These laws require that the natural parent be legally
married to the stepparent. Co-habitation alone is
insufficient to trigger laws that are specific to
stepparents however other adoption laws can apply.
There are four avenues for adoption by a stepparent. All
avenues require the written and verified consent of the
stepparent’s marital partner (the child’s natural parent)
and the consent of the child to be adopted if they are 12
years of age or older. If these requirements are met then
the child is available for adoption by the stepparent if:
-
The other natural parent is
deceased, or
-
The other natural parent has
had his or her parent-child legal relationship
terminated by an order of the court, or
-
The other natural parent has
met the statue’s requirements to voluntarily relinquish
their parent-child legal relationship, or
-
The stepparent’s marital
partner files an affidavit or gives sworn testimony that
the other birth parent has abandoned the child
for a period of one year or more or that the other birth
parent has failed without cause to provide
reasonable support for such child for a period of
one year or more.
The issue of what constitutes
abandonment or lack of reasonable support is an
issue of fact for the court to decide based upon the
totality of the circumstances viewed in light of the best
interest of the child. The period in both cases must include
a consecutive 12- month period prior to filing the affidavit
with the court.
The other natural parent must be notified of the stepparent
adoption proceeding and has the right to refute the evidence
of abandonment or failure to provide reasonable support. If
the location of the other parent is unattainable then notice
can be given by publication.
If you would like to
ask one of our attorneys a
question about stepparent adoption or custody in Colorado
or skip that step and come in for
a consultation, we encourage you to do so sooner
rather than later.
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