Stepparent Adoption Petition Packet

DISTRICT OF COLUMBIA STEPPARENT ADOPTION — PETITION AND DECREE FILING PACKET

PART 1 — PRE-PETITION ELIGIBILITY AND CONSENT CHECKLIST

Adopting Stepparent (Petitioner): [________________________________]
Spouse / Domestic Partner (Custodial Parent): [________________________________]
Date of Marriage / Domestic Partnership: [__/__/____]
Child to be Adopted: [________________________________]
Child's Date of Birth: [__/__/____]
Court: Superior Court of the District of Columbia, Family Court

Eligibility Checklist (D.C. Code § 16-301)

☐ Petitioner is married to or in a registered domestic partnership with a parent of the child (stepparent adoption).
☐ Petitioner is an adult and resides with the spouse/partner and the child in the District of Columbia, or the proceeding is otherwise properly venued.
☐ The child currently resides with the petitioner and the custodial parent.

Consent Checklist (D.C. Code § 16-304)

☐ Consent of the custodial parent (spouse/partner of petitioner) — D.C. Code § 16-304(b)(2)(A).
☐ Consent of the other living parent — D.C. Code § 16-304(b)(2)(A)–(B) — OR a ground that consent is not required (see Part 5).
☐ Consent of the prospective adoptee, if the adoptee is 14 years of age or over (D.C. Code § 16-304(b)(1)).
☐ Each consent is in writing, signed and acknowledged before an authorized officer, a representative of a licensed child-placing agency, or the Mayor (D.C. Code § 16-304(a)).

Grounds to Dispense with Consent (D.C. Code § 16-304(d)–(e))

Consent of the other parent is NOT required if (check any that apply):
☐ After such notice as the court directs, the parent cannot be located (D.C. Code § 16-304(d)).
☐ The parent has abandoned the prospective adoptee and voluntarily failed to contribute to support for at least six (6) months next preceding the filing of the petition (D.C. Code § 16-304(d)).
☐ The court finds, after a hearing, that the consent is being withheld contrary to the best interest of the child (D.C. Code § 16-304(e)).
☐ The parent's rights have been relinquished and terminated under D.C. Code § 4-1451.05 (D.C. Code § 16-304(g)).

Investigation / Report (D.C. Code § 16-305)

The court refers each petition for investigation and report. In a stepparent adoption the investigation is typically limited.
☐ Petitioner requests that the investigation under D.C. Code § 16-305 be limited because the petitioner is the spouse/partner of the custodial parent.
☐ Petitioner consents to investigation by a licensed child-placing agency / the Family Court Social Services Division.

PART 2 — PETITION FOR ADOPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
FAMILY COURT — ADOPTION BRANCH

Adoption No.: [____________________]
PETITION FOR ADOPTION (STEPPARENT)
(D.C. Code §§ 16-301, 16-302)

Petitioner alleges:

1. Petitioner. Petitioner [STEPPARENT NAME] is an adult residing at [________________________________], and is married to / in a registered domestic partnership with [SPOUSE/PARENT NAME], a parent of the prospective adoptee. The marriage/partnership was entered into on [__/__/____] and remains in full force.

2. Prospective Adoptee. The child to be adopted is [CHILD'S NAME], born [__/__/____] at [CITY, STATE/COUNTRY]. A certified copy of the birth certificate is attached as Exhibit B.

3. Residence and Custody. The child has resided continuously with Petitioner and the custodial parent at the above address since [__/__/____].

4. Custodial Parent. [SPOUSE/PARENT NAME] is the custodial parent, consents to this adoption, and will remain the child's legal parent (Part 3).

5. Other Parent. The other parent of the prospective adoptee is:
   Name: [________________________________]
   Last Known Address: [________________________________]
   Relationship to Adoptee: [________________________________]

6. Consent or Grounds for Dispensing with Consent. Consent of the other parent ☐ HAS BEEN obtained (Exhibit D) ☐ Is NOT required under D.C. Code § 16-304(d) or (e) because: [________________________________] (see Part 5).

7. Consent of Adoptee. The prospective adoptee ☐ is under age 14 (consent not required) ☐ is age 14 or older and consents (Exhibit E, D.C. Code § 16-304(b)(1)).

8. Suitability and Best Interest. The prospective adoptee is suitable for adoption, the Petitioner is fit and able to give the child a proper home and education, and the adoption is in the best interest of the child (D.C. Code § 16-309).

WHEREFORE, Petitioner prays for an order:
(a) Granting the adoption of [CHILD'S NAME] by [STEPPARENT NAME] (D.C. Code § 16-309);
(b) Establishing the legal parent-child relationship between the adoptee and Petitioner (D.C. Code § 16-310);
(c) Terminating the parental rights of the other parent (if not previously terminated);
(d) Changing the child's name to [________________________________] (if requested);
(e) Directing issuance of a new birth certificate (D.C. Code § 16-314);
(f) For such other relief as the court deems just.

Dated: [__/__/____] Signed: [________________________________] Petitioner / Adopting Stepparent

VERIFICATION: I declare under penalty of perjury under the laws of the District of Columbia that the foregoing is true and correct. Executed on [__/__/____].

Signed: [________________________________]

PART 3 — CONSENT OF CUSTODIAL PARENT (D.C. Code § 16-304)

I, [________________________________], am the parent of [CHILD'S NAME], born [__/__/____]. I am married to / in a registered domestic partnership with [STEPPARENT NAME]. I freely and voluntarily consent to the adoption of my child by my spouse/partner. I understand my own parental rights are NOT terminated by this adoption and that I will continue as a legal parent of the child.

Dated: [__/__/____] Signed: [________________________________]

Signed and acknowledged before an officer authorized to take acknowledgments, a representative of a licensed child-placing agency, or the Mayor (D.C. Code § 16-304(a)):
District of Columbia
Acknowledged before me on [__/__/____] by [________________________________].
Notary / Authorized Officer: [________________________________]

PART 4 — CONSENT OF OTHER PARENT (D.C. Code § 16-304)

I, [________________________________], am a parent of [CHILD'S NAME], born [__/__/____]. I freely and voluntarily consent to the adoption of my child by [STEPPARENT NAME]. I understand and acknowledge:

☐ My parental rights and responsibilities will be permanently terminated upon entry of the decree (D.C. Code § 16-310).
☐ I will no longer be entitled to custody, visitation, or notice of future proceedings.
☐ This consent is signed and acknowledged before an authorized officer, a licensed child-placing agency representative, or the Mayor, as required by D.C. Code § 16-304(a).
☐ I have been advised of my right to consult independent counsel.

Dated: [__/__/____] Signed: [________________________________]

Acknowledged before me on [__/__/____].
Notary / Authorized Officer: [________________________________]

PART 5 — MOTION/ALLEGATION TO PROCEED WITHOUT CONSENT OF OTHER PARENT (D.C. Code § 16-304(d)–(e))

Petitioner alleges that the consent of [OTHER PARENT NAME] is not required because (check and state facts):

☐ Cannot be located — § 16-304(d). After such notice as the court directs, the parent cannot be located. Facts/efforts to locate:
[____________________________________________________________]

☐ Abandonment and failure to support — § 16-304(d). The parent has abandoned the prospective adoptee and voluntarily failed to contribute to the child's support for a period of at least six (6) months next preceding the filing of this petition. Facts:
[____________________________________________________________]

☐ Withheld contrary to best interest — § 16-304(e). The court should find, after a hearing, that the consent is being withheld contrary to the best interest of the child. Facts:
[____________________________________________________________]

WHEREFORE, Petitioner prays for an order granting the adoption without the consent of [OTHER PARENT NAME] under D.C. Code § 16-304(d) and/or (e).

Dated: [__/__/____] Signed: [________________________________]

PART 6 — CONSENT OF ADOPTEE (D.C. Code § 16-304(b)(1))

(Required if the prospective adoptee is 14 years of age or over.)

I, [CHILD'S NAME], born [__/__/____], am the prospective adoptee and am [____] years of age. I have read this petition and I freely and voluntarily consent to my adoption by [STEPPARENT NAME].

I understand that after the adoption:
☐ [STEPPARENT NAME] will be my legal parent with all rights and responsibilities of a parent.
☐ My other parent ([________________________________]) will no longer be my legal parent.
☐ My name ☐ will remain ☐ will change to [________________________________].

Dated: [__/__/____] Signed: [________________________________]

Acknowledged before me on [__/__/____].
Notary / Authorized Officer: [________________________________]

PART 7 — REQUEST CONCERNING INVESTIGATION / HOME STUDY (D.C. Code § 16-305)

Petitioner acknowledges that the court refers each adoption petition for investigation and report. In a stepparent adoption the investigation is typically limited. Petitioner requests (check one):

☐ That the investigation under D.C. Code § 16-305 be limited because the petitioner is the spouse/partner of the custodial parent.
☐ That the investigation be conducted by a licensed child-placing agency / the Family Court Social Services Division, with Petitioner cooperating in all interviews and records requests.

Dated: [__/__/____] Signed: [________________________________]

PART 8 — DECREE OF ADOPTION (Proposed) (D.C. Code § 16-309)

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT — ADOPTION BRANCH

Adoption No.: [____________________]
DECREE OF ADOPTION

The petition for adoption having come on for hearing on [__/__/____] before the Honorable [________________________________]; the court having reviewed the consents (or grounds dispensing with consent), the investigation and report, and all evidence;

THE COURT FINDS:

1. The court has jurisdiction over the parties and subject matter.
2. All required consents have been obtained, or the consent of [OTHER PARENT NAME] is not required under D.C. Code § 16-304(d)/(e).
3. The prospective adoptee is suitable for adoption.
4. The Petitioner is fit and able to give the child a proper home and education.
5. The adoption is in the best interest of the child.

IT IS ORDERED, ADJUDGED, AND DECREED:

1. The petition is GRANTED.
2. From this date forward, [CHILD'S NAME] is for all purposes the legal child of [STEPPARENT NAME] under D.C. Code § 16-310.
3. The parental rights and duties of [OTHER PARENT NAME] are TERMINATED (if not previously terminated).
4. The child's name is changed to [________________________________] (if requested).
5. The clerk shall transmit the required report to the Vital Records Division for issuance of a new birth certificate (D.C. Code § 16-314).

Dated: [__/__/____] _____________________________________
Judge, Superior Court of the District of Columbia

PART 9 — NEW BIRTH CERTIFICATE REQUEST (D.C. Code § 16-314)

Upon entry of the Decree, Petitioner requests issuance of a new birth certificate listing:

Adoptee's New Legal Name: [________________________________]
Parent #1: [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
Parent #2 (Adopting Stepparent): [________________________________] DOB: [__/__/____] Birthplace: [________________________________]
City/County of Birth (as on original): [________________________________]

The clerk is requested to transmit the report of adoption and the applicable fee to the DC Health Vital Records Division.

Dated: [__/__/____] Signed: [________________________________]

PART 10 — EXHIBIT INDEX

SOURCES AND REFERENCES

• D.C. Code §§ 16-301 to 16-315 (Adoption): https://code.dccouncil.gov/us/dc/council/code/titles/16/chapters/3
• D.C. Code § 16-304 (Consent; exceptions): https://code.dccouncil.gov/us/dc/council/code/sections/16-304
• D.C. Superior Court — Family Court (Adoption): https://www.dccourts.gov/superior-court/family-court-operations
• Child Welfare Information Gateway — Consent to Adoption (District of Columbia)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Stepparent adoption permanently terminates the legal rights of a parent. Consult a licensed District of Columbia attorney before filing.