Adopting a Child in Colorado

Any person 21 or older, including a foster parent, may petition to adopt (a minor may petition with court approval). A married person or civil union partner must petition jointly with the spouse or partner unless that person is the child's parent. The petition is filed in the county where the petitioner lives or where the placement agency is located. A child is available for adoption only after a court terminates or accepts relinquishment of parental rights, or with specified written consents (for example, from a court-appointed guardian when the parents have died, or a parent in a stepparent adoption). A home study by a county department, approved individual or licensed agency is required except in stepparent, kinship, custodial and court-placed adoptions. Except in stepparent, custodial or kinship adoptions, the final hearing is held no sooner than 182 days after the child begins living in the home, and the court reviews fingerprint-based criminal history checks.

A stepparent adoption proceeds on the written, verified consent of the custodial parent when the other parent has died or had parental rights terminated, or with the consent of the other parent who has only residual parental responsibilities. A stepparent may also proceed if the custodial parent swears that the other parent abandoned the child for one year or more or failed without cause to provide reasonable support for one year or more; the other parent must be served with notice (by one newspaper publication if the address is unknown after a diligent search), and the hearing cannot be held sooner than 35 days after service. No home study is required, and the court holds the hearing as soon as possible. A civil union partner is treated as a stepparent.