Connecticut Stepparent Adoption Petition + Decree Filing Packet

CONNECTICUT STEPPARENT ADOPTION PETITION + DECREE FILING PACKET

PRE-PETITION CHECKLIST — CONNECTICUT STEPPARENT ADOPTION

☐ Stepparent legally married to biological/legal parent (marriage certificate)
☐ Probate Court of appropriate district identified (C.G.S. § 45a-724)
☐ Certified original birth certificate of child obtained
☐ Co-parent / biological parent ready to sign written Adoption Agreement under § 45a-724(a)(3)
☐ Consent or TPR plan for non-custodial parent in place (§ 45a-715)
☐ Consent of child age 12+ prepared (§ 45a-725)
☐ Paternity status verified; putative father identified (§ 46b-172a)
☐ DCF central registry check completed (C.G.S. § 17a-101g)
☐ Criminal background checks (state and FBI) for stepparent and adult household members
☐ Motion to waive home study under C.G.S. § 45a-733 (or readiness for DCF/agency report if good cause exists)
☐ Notice to DCF (or motion to waive notice under § 45a-733) prepared
☐ Probate Court forms PC-600 (Petition/Application) and PC-603 series identified
☐ Filing fee confirmed; fee waiver application (JD-FM-75 / PC-184B) prepared if needed
☐ Proposed Decree of Adoption drafted
☐ Form VS-65 / VS-105 (or successor) for amended birth certificate prepared

DOCUMENT 1 — ADOPTION AGREEMENT AND APPLICATION FOR APPROVAL (C.G.S. § 45a-724; § 45a-725)

COURT OF PROBATE
DISTRICT OF [______________]
STATE OF CONNECTICUT

ADOPTION AGREEMENT (C.G.S. § 45a-724(a)(3))

The undersigned, [BIOLOGICAL PARENT FULL NAME] (the "Parent") and [STEPPARENT FULL NAME] (the "Stepparent"), being lawfully married since [__/__/____], and sharing parental responsibility for the minor child [CHILD FULL NAME], born [__/__/____] in [______________], hereby agree pursuant to C.G.S. § 45a-724(a)(3) that the Stepparent shall adopt the said minor child, subject to the approval of the Court of Probate.

1. Existing parent. The Parent shall retain all parental rights, duties, and responsibilities following entry of the Decree of Adoption.
2. Adopting party. The Stepparent shall, upon Probate Court approval, become the legal parent of the Adoptee for all purposes under Connecticut law, including those set forth in C.G.S. § 45a-731.
3. Status of any other parent. The parental rights of [OTHER BIOLOGICAL PARENT NAME OR "Unknown biological father"] have been ☐ voluntarily relinquished ☐ involuntarily terminated by order dated [__/__/____] ☐ are to be terminated by the Court in this proceeding pursuant to C.G.S. § 45a-715 / § 45a-717.
4. Consent of child age 12 or older. The Adoptee, being [____] years of age, ☐ is under 12 and no consent is required ☐ has signed the Consent attached as Exhibit 1 and will appear before the Court to confirm consent.
5. Best interests. The parties believe this adoption is in the best interests of the Adoptee.

DATED this [____] day of [____________], 20[____].

_________________________________
[BIOLOGICAL PARENT FULL NAME], Parent

_________________________________
[STEPPARENT FULL NAME], Stepparent

State of Connecticut, County of [______________]: Subscribed and sworn before me this [____] day of [____________], 20[____].

_________________________________
Notary Public / Commissioner of the Superior Court

APPLICATION FOR APPROVAL OF ADOPTION

The parties hereby apply to the Court of Probate, District of [______________], for approval of the foregoing Adoption Agreement under C.G.S. § 45a-725, and respectfully state:

(a) Petitioners. Stepparent resides at [________________________________]; Parent resides at the same address. Parties have been married since [__/__/____].

(b) Adoptee. [CHILD FULL NAME], born [__/__/____] in [______________]. Certified birth certificate attached as Exhibit 2. Adoptee resides with Petitioners and has resided with them since [__/__/____].

(c) Other parent / putative father. ☐ Other parent consents (Ex. 3). ☐ Other parent's rights previously terminated (Ex. 4). ☐ Petition to terminate parental rights filed concurrently under § 45a-715 (Document 4 below). ☐ Putative father search and adjudication per § 46b-172a — status: [________________________________].

(d) Marriage. Certified marriage certificate attached as Exhibit 5.

(e) Home study waiver. Petitioners request the Court waive the investigation and home study, and waive notice to the Commissioner of Children and Families, pursuant to C.G.S. § 45a-733, because this is a stepparent adoption and no good cause exists for investigation.

(f) Background checks. State and FBI criminal history checks and DCF central registry checks have been completed on the Stepparent and on all household members 16+ pursuant to applicable Connecticut regulations.

(g) Name change (optional). ☐ Adoptee's name not changed. ☐ Adoptee's name changed to [NEW FULL NAME OF CHILD].

(h) Best interest finding requested. The Court is respectfully requested to find under C.G.S. § 45a-727a that the adoption is in the best interests of the Adoptee and to enter a Decree of Adoption approving the Agreement.

Respectfully submitted,

_________________________________
[Attorney Name], Juris No. [______]
[Firm Name] · [Address] · [Phone] · [Email]
Attorney for the Parties

DOCUMENT 2 — CONSENT OF NON-CUSTODIAL BIOLOGICAL PARENT / AFFIDAVIT FOR TPR

STATE OF [____________]
COUNTY OF [____________]

I, [NON-CUSTODIAL PARENT FULL NAME], being duly sworn, depose and state:

1. I am the biological [☐ mother ☐ father] of [CHILD FULL NAME], born [__/__/____].
2. I am [____] years of age, of sound mind, not under the influence of alcohol or drugs.
3. I have been informed of my right to counsel and ☐ am represented by [______________] ☐ knowingly waive the right.
4. I understand that, upon entry of the Decree of Adoption, my parental rights — including custody, visitation, support, and inheritance — will be permanently terminated pursuant to C.G.S. § 45a-715 and § 45a-731.
5. I understand that the adoption will make [STEPPARENT FULL NAME] the legal parent of the Adoptee for all purposes.
6. I have not received and have not been promised anything of value for this consent, except payments lawfully permitted.
7. I freely and voluntarily consent to the termination of my parental rights and to the adoption of the Adoptee by [STEPPARENT FULL NAME].

_________________________________ Date: [__/__/____]
[NON-CUSTODIAL PARENT FULL NAME]

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

_________________________________
Notary Public / Commissioner of the Superior Court

DOCUMENT 3 — CONSENT OF CHILD AGE 12 OR OLDER (C.G.S. § 45a-725)

I, [CHILD FULL NAME], age [____], born [__/__/____], freely and voluntarily consent to my adoption by my stepparent, [STEPPARENT FULL NAME]. I understand that after the Court enters the Decree of Adoption, [STEPPARENT FULL NAME] will be my legal parent for all purposes under Connecticut law. I will confirm this consent before the Court.

_________________________________ Date: [__/__/____]
[CHILD FULL NAME]

Witness: _________________________________ Date: [__/__/____]

DOCUMENT 4 — PETITION FOR TERMINATION OF PARENTAL RIGHTS (Stepparent context — C.G.S. § 45a-715; § 45a-717) — used only if non-custodial parent does not consent

The petitioners respectfully petition the Court of Probate to terminate the parental rights of [NON-CONSENTING PARENT NAME] under C.G.S. § 45a-717(g) on the following ground(s), supported by clear and convincing evidence:

☐ The child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the child;
☐ The child has been denied the care, guidance, or control necessary for his or her physical, educational, moral, or emotional well-being by reason of acts of parental commission or omission;
☐ No ongoing parent-child relationship exists, and to allow further time for such a relationship to develop would be detrimental to the best interests of the child;
☐ The parent has been convicted of a sexual assault that resulted in the conception of the child;
☐ Other ground under § 45a-717(g): [________________________________]

Supporting affidavits and the proposed findings are attached. The Petitioners further request that the Court find termination is in the best interest of the child as required by § 45a-717(g)(2).

DOCUMENT 5 — MOTION TO WAIVE HOME STUDY AND DCF NOTICE (C.G.S. § 45a-733)

The Petitioners move the Court, pursuant to C.G.S. § 45a-733, for an order:

(a) Waiving all requirements for investigation and report by the Commissioner of Children and Families or by a child-placing agency under C.G.S. § 45a-727, no good cause having been shown to order such investigation; and

(b) Waiving the requirement of notice to the Commissioner of Children and Families.

Grounds: This is a stepparent adoption under C.G.S. § 45a-724(a)(3); the Stepparent is married to the Biological Parent; the Adoptee has resided with the Petitioners since [__/__/____]; background checks have been completed; and no fact known to the Petitioners would constitute good cause for an investigation.

DOCUMENT 6 — BACKGROUND CHECK RESULTS

Completed for the Stepparent and all household members age 16 or older.

DOCUMENT 7 — PUTATIVE FATHER / PATERNITY MATTERS (C.G.S. § 46b-172a; § 17a-101g)

STATUS OF PATERNITY

NOTICE TO PUTATIVE FATHER

TO: [PUTATIVE FATHER NAME OR "ANY PERSON CLAIMING TO BE THE BIOLOGICAL FATHER"]:

An application for the adoption of [CHILD INITIALS], born [__/__/____] to [BIOLOGICAL MOTHER NAME], has been filed in the Court of Probate, District of [______________], Case No. [__________________]. A hearing is scheduled for [__/__/____] at [____:____ ☐ AM ☐ PM]. If you wish to assert any parental rights, you must appear and file a written claim of paternity, or commence an action under C.G.S. § 46b-172a, before the hearing. Failure to appear may result in termination of any parental rights you may have and entry of a Decree of Adoption without further notice.

DOCUMENT 8 — DECREE OF ADOPTION (C.G.S. § 45a-727a; § 45a-731)

COURT OF PROBATE
DISTRICT OF [______________]
STATE OF CONNECTICUT

DECREE OF ADOPTION

This matter came before the Court for hearing on the Application for Approval of Adoption Agreement filed by [BIOLOGICAL PARENT FULL NAME] and [STEPPARENT FULL NAME]. All parties were given notice required by law. The Court examined the Agreement, the consents, the background checks, and the testimony of the parties and the Adoptee (if 12 or older), and the Court FINDS:

1. The Court has jurisdiction under C.G.S. § 45a-724 and venue is proper in this District.
2. The Adoption Agreement was executed in accordance with C.G.S. § 45a-724(a)(3).
3. The Stepparent is married to the Biological Parent.
4. All required consents have been obtained, or the parental rights of any non-consenting parent have been terminated pursuant to C.G.S. § 45a-715 / § 45a-717 by clear and convincing evidence.
5. The investigation and report requirements of C.G.S. § 45a-727 are waived under C.G.S. § 45a-733; no good cause to order an investigation has been shown.
6. Notice to the Commissioner of Children and Families is waived under C.G.S. § 45a-733.
7. The proposed adoption is in the best interests of the Adoptee under C.G.S. § 45a-727a.

IT IS ORDERED AND DECREED:

A. The Adoption Agreement is APPROVED.
B. [CHILD FULL NAME] is hereby adopted by [STEPPARENT FULL NAME], and from this date forward shall be deemed the child of the Stepparent for all purposes of law, with all the rights, duties, and obligations of natural parent and child, including rights of inheritance, pursuant to C.G.S. § 45a-731.
C. The parental rights of [BIOLOGICAL PARENT FULL NAME] (Co-Petitioner / Spouse) are preserved in their entirety.
D. ☐ The parental rights of [NON-CUSTODIAL PARENT NAME] are terminated.
E. ☐ The name of the Adoptee is changed to [NEW FULL NAME OF CHILD].
F. The Clerk of the Probate Court shall transmit a certified Certificate of Adoption to the Department of Public Health, State Vital Records Office, pursuant to C.G.S. § 7-53, for issuance of an amended Certificate of Birth.
G. The record of this proceeding shall be sealed and shall not be opened except by order of the Court of Probate.

DECREED this [____] day of [____________], 20[____].

_________________________________
JUDGE OF PROBATE, District of [______________]

DOCUMENT 9 — CERTIFICATE OF ADOPTION / AMENDED BIRTH CERTIFICATE REQUEST (C.G.S. § 7-53)

To: State Vital Records Office, Connecticut Department of Public Health
410 Capitol Avenue, MS#11VRS, Hartford, CT 06134

Enclosed: certified Decree of Adoption; completed Certificate of Adoption; required fees.

Please issue an amended Certificate of Birth for the Adoptee reflecting:

Original Certificate of Birth to be sealed pursuant to C.G.S. § 7-53.

SOURCES AND REFERENCES

• Connecticut General Statutes, Title 45a, Chapter 803: https://law.justia.com/codes/connecticut/title-45a/chapter-803/
• C.G.S. § 45a-733 — Stepparent Adoption Waiver
• Connecticut Probate Court — Adoption forms (PC-600 series)
• Child Welfare Information Gateway — CT Home Study Requirements
• C.G.S. § 46b-172a — Paternity Adjudication
• C.G.S. § 17a-101g — DCF Central Registry
• C.G.S. § 7-53 — Amended Birth Certificate