At Foster + Bloom, we understand that building a family is one of life’s most important journeys. The legal step of adoption can be an important affirmation of the deep, permanent bonds that already exist within a household.
In Colorado, stepparent and second parent adoptions provide a meaningful way to secure the legal rights of parents and children in blended or LGBTQ+ families. Whether you are protecting your parental status or formalizing a lifelong bond, our attorneys provide the expert guidance you need.
What Is the Difference Between Stepparent and Second Parent Adoption in Colorado?
While both processes result in the same legal outcome—full parental rights—the terminology often depends on the family structure.
- Stepparent Adoption: This allows a spouse or civil union partner to legally adopt their partner’s biological or legal child. This is a common path for blended families looking to solidify the bond between a child and their stepparent.
- Second Parent Adoption: Typically utilized by LGBTQ+ couples, this process allows a second parent to adopt a child without terminating the first parent’s legal rights. It is a vital tool for non-biological parents to ensure their relationship with their child is legally protected, regardless of whose name appears on the birth certificate.
Do You Need an Attorney for Stepparent and Second Parent Adoption in Colorado?
While it is possible to file paperwork solo in some cases, the complexities of Colorado law make professional guidance invaluable. A stepparent adoption attorney ensures that every petition is filed correctly to avoid delays.
Legal support is especially critical in cases involving contested adoption consent. If a biological parent refuses to agree to the adoption, you may need a termination of parental rights, which means a lawyer will help you argue that the adoption is in the child’s best interest—often citing adoption due to abandonment if a parent has been absent for a year or more.
A lawyer is also essential for LGBTQ+ parents seeking “confirmatory adoptions,” which provide a court order that must be recognized in every state, offering a higher level of protection than a birth certificate alone.
Who Is Eligible for Each Type of Adoption in Colorado?
Stepparent adoption and second parent adoption each have unique requirements.
Stepparent Adoption Requirements
- Marital Status: You must be legally married to or in a civil union with the child’s legal parent.
- Residency: The petitioner must be a resident of Colorado.
- Age: The adopting parent must be at least 21 years old (unless the court grants a specific exception).
- Consent: The legal parent you are joined with must consent. Additionally, the child must provide written consent if they are 12 years of age or older.
- Availability: The child must be “legally available,” meaning the other biological parent has either deceased, legally abandoned the child for one year or more, failed to provide support, or has voluntarily relinquished their rights.
Second Parent Adoption Requirements in Colorado
- Relationship Status: Unlike stepparent adoption, you do not need to be married or in a civil union with the legal parent. This is a vital pathway for unmarried LGBTQ+ couples and co-parents.
- Consent of Sole Parent: The child must have only one legal parent, and that sole legal parent must provide written and verified consent for the second parent to adopt.
- Background Checks: All adults residing in the home must complete a series of background checks.
- Home Study: A home study is generally required for second parent adoptions to ensure the home is a safe and stable environment, though this can sometimes be streamlined or waived in confirmatory cases.
- Age: The petitioner must be at least 21 years old.
What Are the Legal Processes for Stepparent and Second Parent Adoption in Colorado?
The path to legal parentage involves several procedural steps designed to ensure the child’s safety and the stability of the home. Here is a breakdown of what to expect.
Stepparent Adoption Process in Colorado
The Colorado stepparent adoption process typically begins with a petition filed in the county where you reside.
Step 1: Criminal Background Checks: The petitioner must undergo a background check.
Step 2: Consent: Obtaining consent from the other biological parent (or seeking a termination of rights if they are unfit or absent).
Step 3: Hearing: A final decree hearing where a judge signs the adoption order.
How long does stepparent adoption take? Generally, an uncontested case can be completed in 3 to 6 months.
Second Parent Adoption Process in Colorado
For second parent adoptions, the focus is often on securing “confirmatory” rights.
Step 1: Petition Filing: Similar to the step parent petition, but tailored for non-biological parents in LGBTQ+ relationships.
Step 2: Documentation: Providing evidence of the family unit and the child’s conception (such as donor agreements).
Step 4: Court Order: Obtaining a permanent court order of parentage. This process usually follows a similar timeline to stepparent adoptions (3-6 months), though it can be expedited in certain Colorado jurisdictions.
What Rights Do You Gain in a Stepparent and Second Parent Adoption in Colorado?
Once the adoption is finalized, the adopting parent gains identical rights to a biological parent. These include:
- Medical & Educational Authority: The right to make emergency medical decisions and access school records.
- Inheritance: The child becomes a legal heir to the adopting parent’s estate.
- Social Security & Insurance: Eligibility for dependent benefits and health insurance coverage.
- Permanency: Protection against custody disputes if the biological parent passes away or the couple separates.
Taking the Next Step
Your journey to a legally secure family shouldn’t be filled with stress. By choosing one of the best adoption lawyers, you are choosing a partner who gives your family peace of mind .
If you are ready to formalize the bond you’ve already built with your child, our adoption attorneys in Colorado are here to help. Contact Foster + Bloom today for a consultation, and let’s make your family official.