How to Complete a Stepparent Adoption in Colorado When the Biological Parent is Absent

Blending a family through a stepparent adoption is an incredibly rewarding milestone, but it can quickly become legally complicated if the child's other biological parent refuses to consent or has completely disappeared. If you live in Denver, Colorado Springs, Aurora, or anywhere else in the state, Colorado law provides a specific legal pathway to terminate the rights of an absentee parent. This process ensures your child gains the legal security and stability they deserve. While the court system can seem overwhelming, this guide will provide you with a clear roadmap of the legal steps required to adopt your stepchild. Because family law requires precise paperwork and strict adherence to deadlines, we highly encourage you to browse our directory to find an experienced local adoption lawyer to guide your family through this journey.

Step-by-Step Process in Colorado

In Colorado, stepparent adoptions are handled in the local District Court of the county where you and the child reside. The process involves strict background checks and formal court filings.

Step 1: Complete Criminal Background Checks

Before you can file any legal paperwork, the adopting stepparent must pass fingerprint-based criminal background checks through the Colorado Bureau of Investigation (CBI) and the FBI. You also need a child abuse clearance from the Colorado Department of Human Services, Denver. These background checks prove to the court that the home is a safe environment.

Step 2: File the Petition for Adoption

Once your background checks are complete, you will file Form JDF 502, Colorado, Judicial Branch, Petition for Stepparent Adoption at your local District Court, such as the El Paso County District Court, Colorado Springs or Arapahoe County District Court, Centennial. This document outlines your relationship with the child and your intent to permanently adopt them.

Step 3: Serve the Biological Parent

Even if the biological parent has been absent for years, the United States Constitution requires that they receive formal legal notice of your intent to terminate their parental rights. You must hire a process server or sheriff to physically hand them the court documents. If they cannot be found, you must prove to the judge that you made a diligent effort to locate them.

Step 4: Attend the Final Hearing

If the absent parent does not respond or if the judge rules in your favor, the court will schedule a final adoption hearing. At this brief hearing, the judge will ask a few questions, sign the final decree, and legally declare the child as your own.

Overcoming an Absent Biological Parent

If the biological parent will not sign a voluntary consent form, you must meet the strict abandonment requirements set forth in C.R.S. § 19-5-203 to proceed without their permission.

Failure to Pay Child Support vs. Failure to Contact

Colorado law allows a judge to terminate a biological parent's rights if you can prove they have failed, without reasonable cause, to pay consistent child support for a period of one continuous year (12 months) or more. Alternatively, you can prove they have abandoned the child by entirely failing to contact the child for one continuous year. You do not need to prove both; proving either non-support or non-contact for 12 months is generally sufficient for the court.

Handling Out-of-State Biological Parents

If the biological parent lives outside of Colorado, the process of serving them remains the same, but it often requires coordinating with out-of-state process servers. The Colorado District Court still retains jurisdiction over the child as long as the child has lived in Colorado for at least six consecutive months prior to filing.

Service by Publication When Whereabouts are Unknown

If you genuinely have no idea where the absent parent is living, you can file Form JDF 517, Colorado, Judicial Branch, Motion and Affidavit for Publication of Notice asking the judge for permission to publish a legal notice in a local newspaper. You must demonstrate that you have searched social media, asked relatives, and checked public records. Once the notice runs in the paper for the required number of weeks, the court considers the parent legally "served."

Incarcerated Biological Parents

Having a biological parent in prison does not automatically terminate their rights. You must still officially serve them in prison. However, depending on the length of the sentence and the nature of the crime, their incarceration can be used as strong evidence of abandonment or unfitness during your termination hearing.

How Much Does it Cost in Colorado?

Stepparent adoptions involve mandatory state fees, even if the adoption is uncontested.

How Long Does the Process Take?

If the biological parent signs a consent form, a stepparent adoption in Colorado can be finalized in roughly 3 to 4 months. If you have to publish a notice in the newspaper because their whereabouts are unknown, the timeline extends to 5 to 7 months. If the absent parent suddenly appears and contests the termination of their rights, the litigation can drag on for 9 to 12 months or longer.

Frequently Asked Questions (FAQ)