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Stepparent Adoption in Colorado

Reviewed by DocDraft Legal Team - Colorado - Last updated October 6, 2026

In Colorado a stepparent files JDF 502, Petition for Stepparent Adoption, in the juvenile court of the county where the stepparent lives: the Denver Juvenile Court in Denver, or the juvenile division of the district court everywhere else. The child is available for a stepparent adoption when the other parent consents, has died, or has had parental rights terminated, or under C.R.S. 19-5-203(1)(d)(II) when your spouse gives written and verified consent with an affidavit or sworn testimony that the other birth parent has abandoned the child for a period of one year or more or has failed without cause to provide reasonable support for a period of one year or more. In that case the other parent must be served with notice, the hearing cannot be held sooner than thirty-five days after service is complete, and the court must find the adoption is in the child's best interests. A child twelve years of age or older must give written consent under C.R.S. 19-5-203(2). With the final decree, C.R.S. 19-5-210(6) has the court also enter an order terminating the other parent's parental rights.

Find out where you stand in Colorado

Where are you with adopting your stepchild?

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Can a stepparent adopt in Colorado without the other parent's consent?

Sometimes. Under C.R.S. 19-5-203(1)(d)(II), your spouse gives written, verified consent plus an affidavit or sworn testimony that, for one year or more, the other birth parent abandoned the child or failed without cause to provide reasonable support. That parent must be served, the hearing waits 35 days after service, and the court must find adoption serves the child's best interests.

Which court and which form are used for a stepparent adoption in Colorado?

You file in the juvenile court of the county where you live under C.R.S. 19-5-204: the Denver Juvenile Court in Denver, or the juvenile division of the district court elsewhere. The statewide form is JDF 502, Petition for Stepparent Adoption, with JDF 500 instructions and JDF 520, Petition to Terminate Parent-Child Legal Relationship.

Is a home study required for a stepparent adoption in Colorado?

C.R.S. 19-5-207(2) refers to a written home study report in petitions for adoption, but C.R.S. 19-5-209(1) excludes stepparent adoptions from the rule that has the court order an investigation when none is filed. You must attach fingerprint-based CBI and FBI checks and a TRAILS check. Ask the juvenile court whether it wants a home study in your case.

At what age must the child consent to a stepparent adoption in Colorado?

C.R.S. 19-5-203(2) requires written consent from the person to be adopted if that person is twelve years of age or older. The statute lists no waiver. The Judicial Branch form for this is JDF 511, Consent to Adoption, Child Over 12 Years of Age, which is filed with the petition packet.

Colorado's juvenile court, JDF 502, and the one year affidavit route

Colorado adoptions belong to the juvenile court under C.R.S. 19-1-104(1)(g), which C.R.S. 19-1-103 defines as the Denver Juvenile Court in the city and county of Denver or the juvenile division of the district court elsewhere, and C.R.S. 19-5-204 puts the case in the county where you live. The Colorado Judicial Branch publishes a statewide stepparent packet: JDF 502, Petition for Stepparent Adoption, with JDF 500 instructions. Under C.R.S. 19-5-203(1)(d)(I), the child is available for a stepparent adoption on your spouse's written and verified consent when the other parent is deceased or that parent's rights were terminated or relinquished. The other parent can also consent in writing. Without that consent, C.R.S. 19-5-203(1)(d)(II) requires your spouse's written and verified consent accompanied by an affidavit or sworn testimony that the other birth parent has abandoned the child for a period of one year or more, or has failed without cause to provide reasonable support for such child for a period of one year or more. Colorado uses 'or', so either ground can qualify, and 'without cause' attaches to the support ground. The court then issues a notice to the other parent, served under the Colorado Rules of Civil Procedure or, after a diligent search affidavit, by one newspaper publication, and the hearing cannot be held sooner than thirty-five days after service is complete. At the hearing the court must be satisfied the adoption serves the child's best interests (C.R.S. 19-5-210(2)), and C.R.S. 19-5-210(6) requires an order terminating the other parent's parental rights along with the decree. A child twelve years of age or older must consent in writing (C.R.S. 19-5-203(2)). C.R.S. 19-5-209(1) excludes stepparent adoptions from the court-ordered investigation rule, and the petition must attach fingerprint-based criminal history checks.

Relevant Laws

C.R.S. 19-5-203 (Availability for adoption)

Subsection (1)(d) makes a child available for a stepparent adoption on the parent's written and verified consent when the other parent is deceased or that parent's rights were terminated or relinquished, and subsection (2) requires written consent from a child twelve years of age or older.

C.R.S. 19-5-203(1)(d)(II) and 19-5-210(6) (Proceeding without the other parent's consent)

Allows a stepparent adoption on the parent's written and verified consent with an affidavit or sworn testimony that the other birth parent has abandoned the child for a period of one year or more or has failed without cause to provide reasonable support for a period of one year or more, after notice to the other parent and a hearing no sooner than thirty-five days after service. The court must also find the adoption is in the child's best interests (19-5-210(2)), and section 19-5-210(6) requires an order terminating the other parent's parental rights with the decree.

C.R.S. 19-5-207 and 19-5-209 (Home study and investigation)

Section 19-5-207(2) describes the written home study report and 19-5-207(2.5) requires fingerprint-based criminal history record checks. Section 19-5-209(1) excludes stepparent adoptions from the rule that has the court order an investigation when a petition is filed without a home study report.

Colorado Judicial Branch JDF 500, Instructions for Stepparent Adoption (revised May 2026)

The statewide self-help packet for stepparent adoption, listing JDF 502 (Petition for Stepparent Adoption), the consent forms, JDF 520 (Petition to Terminate Parent-Child Legal Relationship), JDF 525 (Affidavit of Abandonment), service and publication forms, the current filing fee, and the Report of Adoption for the new birth certificate.

Regional Variances

Colorado stepparent adoption requirements

Court

Juvenile court (C.R.S. 19-1-104(1)(g)): the Denver Juvenile Court in the city and county of Denver, or the juvenile division of the district court elsewhere (C.R.S. 19-1-103). File in the petitioner's county of residence (C.R.S. 19-5-204).

Petition form

JDF 502, Petition for Stepparent Adoption, with JDF 500 instructions (revised May 2026). JDF 520, Petition to Terminate Parent-Child Legal Relationship, is part of the standard JDF 500 stepparent packet.

Other parent's consent

Written and verified consent (JDF 510) unless the other parent is deceased, that parent's rights were terminated or relinquished, or the C.R.S. 19-5-203(1)(d)(II) ground applies. Your spouse's written and verified consent (JDF 509) is required on every route.

Proceeding without consent

C.R.S. 19-5-203(1)(d)(II): your spouse's written and verified consent with an affidavit or sworn testimony that the other birth parent abandoned the child for a period of one year or more OR failed without cause to provide reasonable support for a period of one year or more. Notice served under C.R.C.P., or one publication after a diligent search affidavit; hearing no sooner than 35 days after service; best interests finding (C.R.S. 19-5-210(2)); termination order (C.R.S. 19-5-210(6)).

Home study

C.R.S. 19-5-207(2) describes a written home study report; C.R.S. 19-5-209(1) excludes stepparent adoptions from the court-ordered investigation rule. Ask the court whether it wants one. Fingerprint-based CBI and FBI checks within 90 days of filing and a TRAILS check are attached to the petition (C.R.S. 19-5-208(5), 19-5-207(2.5)).

Residency or waiting period

The child must be present in Colorado when the petition is filed or under a Colorado court's jurisdiction for at least six months (C.R.S. 19-5-201). No 182-day placement wait for stepparents; the hearing is held as soon as possible (C.R.S. 19-5-210(2)), but at least 35 days after service on a non-consenting parent.

Child's consent age

Twelve years of age or older, written consent required (C.R.S. 19-5-203(2)); form JDF 511.

Suggested Compliance Checklist

Decide the consent route for the other parent

Before filing days after starting

Ask for the other parent's signed JDF 510 first. If you will rely on C.R.S. 19-5-203(1)(d)(II), gather proof that the other birth parent abandoned the child for a period of one year or more, or failed without cause to provide reasonable support for a period of one year or more, such as contact records and support payment history. Your spouse must swear to it by affidavit or testimony, the other parent must be served, the hearing waits at least 35 days after service, and the court must find the adoption is in the child's best interests.

Complete background checks

Within 90 days before filing days after starting

Get fingerprint-based criminal history record checks from the Colorado Bureau of Investigation and the FBI, plus a TRAILS child abuse and neglect check from the Colorado Department of Human Services, and attach them to JDF 502 as the petition directs.

File JDF 502 with the juvenile court

At filing days after starting

File JDF 502, JDF 454, JDF 520, your spouse's JDF 509, the child's JDF 511 if twelve or older, and JDF 525 if you rely on C.R.S. 19-5-203(1)(d)(II), in the juvenile court of your county. Pay the filing fee listed in JDF 500, which points to the Colorado Judicial fees page for fee waiver information.

Serve the other parent and file proof

At least 35 days before the hearing days after starting

Serve JDF 506, JDF 502, and JDF 520 on a parent who has not consented, then file JDF 507, Affidavit of Service or Waiver and Acceptance of Service. If the address is unknown after a diligent search, use JDF 526, JDF 517, and JDF 518 for service by publication and file the affidavit of publication.

Confirm the child's new name and update records

After the final decree days after starting

JDF 502 asks the court to change the child's name to the name you list, so enter it carefully. Complete the Report of Adoption so the state registrar can issue the new birth certificate, and order certified copies of the decree for schools and records. A separate name change petition is needed only for name changes outside the adoption.

Document: name-change-petition

Frequently Asked Questions

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