ADOPTIONS IN DENVER, CO

SECOND PARENT ADOPTIONS

In August 2007 the Colorado legislature enacted a statute allowing a specified second adult to adopt a child who has a sole legal parent. The majority of families who utilize Colorado’s second parent adoption statute are same-sex couples. Once a child is adopted under the statute the child is entitled to receive all of the benefits of having two legal parents.

To qualify for a Second Parent Adoption the following conditions must be met:

  • The child must only have one legal parent;
  • If the child is over the age of 12, the child must consent to the adoption;
  • The adult requesting the adoption must be over the age of 21 unless special permission is granted by the court;
  • All adults who reside in the home must complete background checks through the Colorado Bureau of Investigation (CBI), FBI Fingerprint Identification, and Colorado Department of Human Services TRAILS background check;
  • A Home Study must be completed by a social worker licensed to perform home studies and a report must be completed;
  • ICWA requirements must be met if the child is an eligible member of and Indian Tribe.
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KINSHIP ADOPTIONS

A relative of a child may petition the court to adopt a child if certain conditions have been met. A qualifying relative is a grandparent, brother, sister, half sibling, aunt, uncle, or first cousin. The child is available for adoption if the birth parents have “abandoned” the child for one year or more or the birth parents have failed to provided reasonable support for the child for one year or more. The relative must be the legal custodian or legal guardian of the child and the child should be in the relative’s physical care for one year or more.

To qualify for a Kinship Adoption the following conditions must be met:


  • A court order terminating the parent-child legal relationship, or;
  • The biological parents voluntarily relinquish the parent-child relationship, or;
  • Consent of the guardian if the child’s parents are deceased;
  • If the child is over the age of 12, the child must consent to the adoption;
  • The adult requesting the adoption must be over the age of 21 unless special permission is granted by the court;
  • All adults who reside in the home must complete background checks through the Colorado Bureau of Investigation (CBI), FBI Fingerprint Identification, and Colorado Department of Human Services TRAILS background check;
  • A Home Study must be completed by a social worker licensed to perform home studies and a report must be completed (the court may waive this requirement);
  • ICWA requirements must be met if the child is an eligible member of and Indian Tribe.

 

STEPPARENT ADOPTIONS

A child can be adopted by a stepparent when the other birth parent is deceased or if the birth parent has “abandoned” the child for one year or more or if the birth parent has failed to provided reasonable support for the child for one year or more. Same-sex parents may now also utilize the stepparent adoption statue if they are in a Civil Union or married.

To qualify for a Stepparent Adoption the following conditions must be met:

  • A court order terminating the parent-child legal relationship, or;
  • The biological parents voluntarily relinquish the parent-child relationship, or;
  • Consent of the guardian if the child’s parents are deceased;
  • If the child is over the age of 12, the child must consent to the adoption;
  • The adult requesting the adoption must be over the age of 21 unless special permission is granted by the court;
  • All adults who reside in the home must complete background checks through the Colorado Bureau of Investigation (CBI), FBI Fingerprint Identification, and Colorado Department of Human Services TRAILS background check;
  • A Home Study must be completed by a social worker licensed to perform home studies and a report must be completed (the court may waive this requirement);
  • ICWA requirements must be met if the child is an eligible member of and Indian Tribe.
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CONFIRMATORY ADOPTIONS

In August 2022, the Colorado legislature enacted a statute known as “Marlo’s Law” to ensure that all parents who conceive through assisted reproductive technology (ART) are eligible for the same rights and legal protections regardless of gender identity, sexual orientation, or marital status. The Confirmation Adoption statute (Marlo’s Law) creates a simplified, streamlined adoption process designed for parents who conceive through ART.


To qualify for a Confirmatory Adoption the following conditions must be met:

  • The child must by conceived through assisted reproductive technology;
  • If the child is over the age of 12, the child must consent to the adoption;
  • The petition must be filed in the county where the child was born or conceived, the county where either parent lives, or any county, if the child was born or conceived in Colorado;
  • The following documents must be provided with the Petition: the marriage or civil union certificate if the parents are married, the child’s birth certificate, and a sworn statement by each parent acknowledging parentage.
  • The court should issue a decree of adoption within thirty days.