Colorado Stepparent Adoption Petition and Decree Filing Packet

COLORADO STEPPARENT ADOPTION — PETITION AND FINAL DECREE FILING PACKET

PART 1 — PRE-PETITION CHECKLIST (Counsel and Petitioner)

☐ Petitioner (stepparent) is at least 21 years of age (C.R.S. § 19-5-202(1))
☐ Petitioner is legally married to or in a civil union with the child's custodial legal parent
☐ Petitioner is a resident of Colorado; petition will be filed in district court of petitioner's county of residence (C.R.S. § 19-5-204)
☐ Child is under 18 and present in Colorado at the time of filing (C.R.S. § 19-5-201)
☐ Other birth parent is (check one): ☐ deceased ☐ relinquished ☐ rights terminated ☐ consenting in writing ☐ subject to abandonment/non-support proof under C.R.S. § 19-5-203(1)(d)(II)
☐ Child is 12 or older — written consent of child obtained (JDF 511) (C.R.S. § 19-5-203(2))
☐ Fingerprint-based CBI background check completed within 90 days of filing
☐ Fingerprint-based FBI background check completed within 90 days of filing
☐ Colorado TRAILS / CAPS child-abuse registry check completed
☐ No disqualifying felony conviction (child abuse, crime of violence, unlawful sexual behavior) (C.R.S. § 19-5-207(2.5))
☐ ICWA inquiry completed; tribal heritage of child investigated
☐ Marriage certificate and child's original birth certificate obtained
☐ Decree of dissolution / paternity / custody order from prior proceeding obtained, if applicable
☐ Verified Statement of Fees Charged (JDF 454) prepared

PART 2 — DISTRICT COURT CAPTION

PART 3 — VERIFIED PETITION FOR STEPPARENT ADOPTION

(Companion narrative to JDF 502 — C.R.S. § 19-5-208)

TO THE HONORABLE COURT:

Petitioner, [STEPPARENT NAME], by and through undersigned counsel (or pro se), respectfully petitions this Court for a decree of adoption of the above-named minor child, and in support states:

1. Petitioner

1.1 Full legal name of Petitioner: [________________________________]
1.2 Date of birth: [__/__/____] Place of birth: [____________________]
1.3 Race / ethnicity: [____________________]
1.4 Residence address: [________________________________]
1.5 County of residence: [____________________]
1.6 Occupation: [____________________]
1.7 Petitioner is at least 21 years of age and a fit and proper person to adopt.

2. Petitioner's Spouse (Custodial Legal Parent)

2.1 Full legal name: [________________________________]
2.2 Maiden / former names: [____________________]
2.3 Date of birth: [__/__/____]
2.4 Date and place of marriage to Petitioner: [__/__/____] / [____________________]
2.5 The spouse joins in this Petition by Consent (JDF 509) and does NOT seek to terminate the parent-child relationship with the child.

3. The Child to Be Adopted

3.1 Name at birth: [________________________________]
3.2 Date of birth: [__/__/____] Place of birth: [____________________]
3.3 Sex: [______] Race / ethnicity: [____________________]
3.4 Present residence: [________________________________]
3.5 Length of time child has resided with Petitioner: [______]
3.6 Name by which child will be known after adoption: [________________________________]
3.7 Other minor children residing in the home: [________________________________]

4. Other Birth Parent (Respondent)

4.1 Name: [________________________________]
4.2 Last known address: [________________________________]
4.3 Status (check one):
☐ Deceased — certified death certificate attached as Exhibit [____]
☐ Parent-child legal relationship previously terminated — order attached as Exhibit [____]
☐ Voluntary relinquishment executed under C.R.S. § 19-5-103 — Exhibit [____]
☐ Will execute Consent to Adoption — Non-Custodial Parent (JDF 510)
☐ Has abandoned the child for one year or more (C.R.S. § 19-5-203(1)(d)(II))
☐ Has failed without cause to provide reasonable support for one year or more
☐ Address unknown — service by publication requested upon affidavit of diligent search

5. Legal Availability of the Child (C.R.S. § 19-5-203)

The child is legally available for adoption because: [____________________________________________]

6. Indian Child Welfare Act Inquiry (25 U.S.C. § 1901 et seq.; C.R.S. § 19-1-126)

6.1 ☐ Petitioner has inquired whether the child is or may be an Indian child.
6.2 ☐ The child has NO known Indian heritage, OR
6.3 ☐ The child is or may be a member of / eligible for membership in the following tribe(s): [____________________]. Notice will be served on the tribe(s) and the Bureau of Indian Affairs as required by 25 U.S.C. § 1912.

7. Background Checks (C.R.S. § 19-5-207(2.5))

☐ Fingerprint-based CBI report attached as Exhibit [____] (date of report: [__/__/____])
☐ Fingerprint-based FBI report attached as Exhibit [____]
☐ Colorado TRAILS/CAPS child-abuse registry check attached as Exhibit [____]
☐ Petitioner has not been convicted of any disqualifying offense under C.R.S. § 19-5-207(2.5)

8. Home Study Waived

Pursuant to C.R.S. § 19-5-209(1), no home study or pre-placement investigation is required in a stepparent adoption.

9. Petitioner's Fitness

Petitioner is of good moral character, has the financial ability and disposition to provide for the child, and the adoption is in the best interests of the child.

10. Relief Requested

WHEREFORE, Petitioner prays that this Court:

a. Set the matter for hearing not sooner than 35 days after service is complete on the other birth parent;
b. Terminate the parent-child legal relationship between the child and the non-custodial birth parent (if not previously terminated);
c. Enter a Final Decree of Adoption establishing the parent-child legal relationship between Petitioner and the child;
d. Order the child's surname changed to: [____________________];
e. Direct the Colorado Department of Public Health and Environment, Vital Records, to issue an amended certificate of birth pursuant to C.R.S. § 19-5-305 and § 25-2-113.5; and
f. Grant such other relief as is just and proper.

VERIFICATION

I, [STEPPARENT NAME], declare under penalty of perjury under the laws of Colorado that I have read the foregoing Petition and that the matters stated therein are true to the best of my knowledge.

Dated: [__/__/____]

Signature: [________________________________]
Printed name: [________________________________]

Subscribed and sworn to before me this [____] day of [____________], 20[____].

[____________________________________________]
Notary Public — My commission expires: [__/__/____]

PART 4 — PETITION TO TERMINATE THE PARENT-CHILD LEGAL RELATIONSHIP

(Companion to JDF 520 — C.R.S. § 19-5-105 / § 19-5-203(1)(d))

Petitioner, [STEPPARENT NAME], petitions to terminate the parent-child legal relationship between the child, [CHILD'S NAME], and the Respondent, [NON-CUSTODIAL BIRTH PARENT NAME], on the following grounds (check all applicable):

☐ Respondent has abandoned the child for a period of one year or more (C.R.S. § 19-5-203(1)(d)(II))
☐ Respondent has failed without cause to provide reasonable support for one year or more
☐ Respondent has been found to be an unfit parent pursuant to C.R.S. § 19-5-105.5
☐ Respondent has voluntarily relinquished under C.R.S. § 19-5-103
☐ Other: [____________________]

Supporting facts: [____________________________________________________________]

Date(s) of last contact / support payment: [__/__/____]

Best interests: Termination is in the best interests of the child because [____________________________________________].

PART 5 — CONSENT TO ADOPTION — CUSTODIAL PARENT (JDF 509 companion)

I, [CUSTODIAL BIRTH PARENT NAME], the natural [☐ mother ☐ father] of [CHILD], born [__/__/____], being the spouse of Petitioner [STEPPARENT NAME], hereby:

a. Consent to the adoption of the child by my spouse;
b. Acknowledge that this consent does NOT terminate my own parent-child legal relationship with the child;
c. Affirm that the adoption is in the best interests of the child.

I declare the following under penalty of perjury under the laws of Colorado regarding the other birth parent (check applicable):

☐ The other birth parent is deceased (death certificate attached).
☐ The other birth parent has abandoned the child for one year or more. Specific facts: [____________________]
☐ The other birth parent has failed without cause to provide reasonable support for one year or more. Specific facts: [____________________]
☐ The other birth parent's rights have been terminated by order dated [__/__/____].

Signature of custodial parent: [________________________________]
Date: [__/__/____]

Subscribed and sworn before me: [____________________________________________]

PART 6 — CONSENT TO ADOPTION — NON-CUSTODIAL PARENT (JDF 510 companion)

I, [NON-CUSTODIAL BIRTH PARENT NAME], the natural [☐ mother ☐ father] of [CHILD], having received a complete copy of the Petition for Adoption, Petition to Terminate the Parent-Child Legal Relationship, and Notice of Hearing, hereby:

a. Voluntarily consent to the adoption of the child by [STEPPARENT NAME];
b. Voluntarily consent to the termination of my parent-child legal relationship with the child;
c. Acknowledge that I have been advised of my right to be represented by counsel and to be heard;
d. Acknowledge that this consent, once filed and accepted by the Court, is final and may only be set aside upon proof of fraud or duress.

Signature: [________________________________] Date: [__/__/____]

Subscribed and sworn before me: [____________________________________________]

PART 7 — CONSENT TO ADOPTION — CHILD OVER 12 YEARS OF AGE (JDF 511 companion)

(Required under C.R.S. § 19-5-203(2))

I, [CHILD'S FULL NAME], being [______] years of age, having had the meaning and consequences of adoption explained to me, hereby consent to my adoption by [STEPPARENT NAME] and to be known after the adoption as [POST-ADOPTION NAME].

Signature: [________________________________] Date: [__/__/____]

Witnessed by: [________________________________]

PART 8 — AFFIDAVIT OF DILIGENT SEARCH / PUTATIVE FATHER REGISTRY

I, [STEPPARENT NAME or COUNSEL], being duly sworn, state:

1. I conducted the following efforts to locate [NON-CUSTODIAL PARENT / PUTATIVE FATHER NAME]: [____________________]
2. Searches conducted: ☐ U.S. Postal Service NCOA ☐ Voter registration ☐ DMV ☐ Department of Corrections ☐ Social media ☐ Last known employer ☐ Family contacts ☐ Internet locator services
3. Records searched / status confirmed (paternity / putative father presumptions under C.R.S. § 19-4-105): [____________________]
4. The address of the non-custodial parent / putative father is unknown and cannot be ascertained with reasonable diligence; service by publication is therefore requested under C.R.S. § 19-5-203(1)(d)(II).

Signature: [________________________________] Date: [__/__/____]
Notary: [____________________________________________]

PART 9 — NOTICE OF HEARING (JDF 514 companion)

TO: [NON-CUSTODIAL BIRTH PARENT NAME]

YOU ARE HEREBY NOTIFIED that a Petition for Stepparent Adoption and Petition to Terminate the Parent-Child Legal Relationship have been filed in the above-captioned action seeking to terminate your parental rights and permit the adoption of [CHILD'S NAME] by [STEPPARENT NAME].

A hearing on the Petition is scheduled for:

Date: [__/__/____] Time: [______]
Location: [______________________________________________]

If you wish to object, you must appear at the hearing or file a written response with the Court before the hearing date. The hearing will not be held sooner than 35 days after service is complete on you. Failure to appear may result in termination of your parental rights and entry of a final decree of adoption without further notice to you.

You have the right to be represented by an attorney.

Dated: [__/__/____] [________________________________]
Clerk of the District Court

PART 10 — BACKGROUND CHECK SUMMARY (C.R.S. § 19-5-207(2.5))

Petitioner certifies that no member of the household has been convicted of an offense disqualifying adoption under C.R.S. § 19-5-207(2.5).

PART 11 — VERIFIED STATEMENT OF FEES CHARGED (JDF 454 companion)

Pursuant to C.R.S. § 19-5-213, Petitioner discloses the following fees and disbursements paid in connection with this adoption:

Signature: [________________________________] Date: [__/__/____]

PART 12 — HOME STUDY WAIVER STATEMENT

Pursuant to C.R.S. § 19-5-209(1), this Court is respectfully reminded that no home study, pre-placement investigation, or post-placement supervisory report is required in a stepparent adoption. Petitioner requests the Court enter no order for such investigation absent specific good cause shown on the record.

PART 13 — FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL DECREE OF STEPPARENT ADOPTION

(Companion to JDF 521 / JDF 522)

THIS MATTER came before the Court on [__/__/____] upon the Verified Petition for Stepparent Adoption filed by [STEPPARENT NAME]. The Court, having reviewed the pleadings, exhibits, background check reports, and consents, and having taken evidence and considered the best interests of the child, makes the following:

Findings of Fact

1. Petitioner [STEPPARENT NAME] is over 21 years of age and a resident of [____________] County, Colorado.
2. Petitioner is lawfully married to [SPOUSE/CUSTODIAL PARENT NAME], the legal parent of the child [CHILD'S NAME], born [__/__/____].
3. The child has resided with Petitioner since [__/__/____].
4. The child is legally available for adoption under C.R.S. § 19-5-203 because [____________________].
5. ☐ The non-custodial birth parent consented to the adoption (or) ☐ the non-custodial birth parent's parental rights are hereby terminated for the reasons set forth above.
6. ☐ The child is 12 or older and has consented to the adoption (C.R.S. § 19-5-203(2)).
7. Required fingerprint-based CBI/FBI and TRAILS background checks were completed and disclose no disqualifying conviction (C.R.S. § 19-5-207(2.5)).
8. ICWA has been considered; the child ☐ is not / ☐ is an Indian child, and required notice has been given.
9. A home study is not required under C.R.S. § 19-5-209(1).
10. The adoption is in the best interests of the child.

Conclusions of Law

The Court has jurisdiction under C.R.S. § 19-1-104 and § 19-5-204. All statutory prerequisites for stepparent adoption under Article 5, Part 2 of the Colorado Children's Code have been satisfied.

DECREE

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. The parent-child legal relationship between [NON-CUSTODIAL BIRTH PARENT NAME] and the child [CHILD'S NAME] is terminated (if not previously terminated).
2. The Petition for Stepparent Adoption is GRANTED.
3. From and after the date of this Decree, [CHILD'S NAME] shall, for all legal purposes including inheritance, be the child of Petitioner [STEPPARENT NAME] (C.R.S. § 19-5-211).
4. The name of the child is hereby changed to: [POST-ADOPTION FULL LEGAL NAME].
5. The Colorado Department of Public Health and Environment, Vital Records Section, is directed to issue a new certificate of birth pursuant to C.R.S. § 25-2-113.5 reflecting:
   - Child's new legal name: [____________________]
   - Adoptive parents: [CUSTODIAL PARENT NAME] and [STEPPARENT NAME]
   - Date and place of birth: [__/__/____] / [____________________]
6. The original certificate of birth shall be sealed pursuant to C.R.S. § 25-2-113.5(7).
7. The clerk shall furnish certified copies of this Decree as required.

SO ORDERED this [____] day of [____________], 20[____].

[____________________________________________]
District Court Judge / Magistrate

PART 14 — APPLICATION FOR AMENDED BIRTH CERTIFICATE

(CDPHE Vital Records — C.R.S. § 25-2-113.5)

Submit certified copy of Final Decree of Adoption together with the Vital Records "Certificate of Adoption" (CDPHE form) to:

Colorado Department of Public Health and Environment
Vital Records Section
4300 Cherry Creek Drive South
Denver, CO 80246-1530

Filing fee: see current CDPHE schedule.

PART 15 — POST-DECREE CHECKLIST

☐ Certified copies of Final Decree obtained (minimum 3)
☐ Certificate of Adoption submitted to CDPHE Vital Records with fee
☐ Amended birth certificate received and retained
☐ Social Security Administration notified for name/parent change (SS-5)
☐ School and medical records updated
☐ Estate planning documents reviewed and updated (will, beneficiary designations)
☐ Passport application updated (if applicable)
☐ Decree provided to child's other custody / support agencies; prior child support order vacated as to terminated parent

SOURCES AND REFERENCES

• Colorado Children's Code, Article 5, Part 2 (Adoption): C.R.S. § 19-5-200.2 through § 19-5-217
• Colorado Judicial Branch — Stepparent Adoption Self-Help: https://www.coloradojudicial.gov/self-help/stepparent-adoption
• JDF 502 (Petition for Stepparent Adoption), JDF 509/510/511 (Consents), JDF 514 (Notice of Hearing), JDF 520 (Petition to Terminate), JDF 521 (Findings of Fact and Decree), JDF 522 (Final Decree of Adoption)
• Colorado Department of Public Health and Environment, Vital Records: https://cdphe.colorado.gov/vital-records
• Indian Child Welfare Act, 25 U.S.C. § 1901 et seq.

This template is provided for informational purposes only and does not constitute legal advice. Colorado adoption procedure is fact-intensive; consult a licensed Colorado attorney and use the current JDF forms published by the Colorado Judicial Branch.