WHAT DO COLORADO ADOPTION LAWS REQUIRE?
Colorado adoption laws are found mainly in Title 19, Article 5 of the Colorado Revised Statutes. In short, a person 21 or older may petition to adopt, the child must be legally available for adoption, and the court must find that the adoption serves the child's best interests before it enters a final decree.
Beyond those basics, the process depends on the kind of adoption. Stepparent, relative, private agency, and foster care adoptions each follow different rules on consent, home studies, and timing.
This guide covers each of those paths and the court process in El Paso and Teller counties.
TABLE OF CONTENTS
- Who May Adopt and Who May Be Adopted
- When a Child Is Available for Adoption
- Kinds of Adoption in Colorado
- Home Study Requirements and When They Do Not Apply
- The Court Process
- The Final Decree and a New Birth Certificate
- The Indian Child Welfare Act in Colorado
- Costs and Financial Assistance
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
WHO MAY ADOPT AND WHO MAY BE ADOPTED
Who May Adopt
Under C.R.S. 19-5-202, any person 21 or older may petition to adopt, including a foster parent. The statute also allows a minor to petition with the court's approval.
A single person may adopt. A married person, or a person in a civil union, who is not legally separated must petition jointly with the spouse or partner, unless that spouse or partner is already the child's parent. A civil union partner may adopt the other partner's child through the stepparent process.
The statute on who may adopt contains no separate residency requirement. The petition is filed in the county where the petitioner lives or where the placement agency is located, under C.R.S. 19-5-204, so a family living outside Colorado would file in the county where the placement agency is located.
Who May Be Adopted
Under C.R.S. 19-5-201, a child under 18 may be adopted if the child is legally available for adoption and is either present in Colorado when the petition is filed or has been under a Colorado court's jurisdiction for at least six months. With court approval, a person 18 or older but under 21 may be adopted as a child.
Adults may also be adopted. Under C.R.S. 14-1-101, a person who wants to adopt an adult as an heir files in the juvenile court of the county where either of them lives, the adult must consent in a written answer, and the decree makes the adult the petitioner's heir at law.
WHEN A CHILD IS AVAILABLE FOR ADOPTION
A court cannot grant an adoption until the child is legally available. Under C.R.S. 19-5-203, that happens in one of several ways, including:
- A court order terminating the parents' rights in a dependency and neglect case or a relinquishment case.
- A court order of voluntary relinquishment.
- The written, verified consent of a court-appointed guardian when both parents have died.
- In a stepparent adoption, the written consent of the parent married to the stepparent, together with the other parent's consent, death, or prior termination, or a showing of abandonment or nonsupport described below.
- In a kinship or custodial adoption, a sworn showing of abandonment or nonsupport for one year or more by a relative or legal custodian who has had the child for a year or more.
A child 12 or older must also consent in writing to the adoption. Voluntary relinquishment is its own court process with required counseling and usually a hearing, and a relinquishment order is final except for a fraud or duress challenge within 91 days. Our guide to giving up parental rights in Colorado explains that process.
KINDS OF ADOPTION IN COLORADO
Stepparent Adoption
A stepparent can adopt a spouse's child with the written, verified consent of both legal parents. Without the other parent's consent, the stepparent adoption can still proceed if the parent married to the stepparent shows, by affidavit or sworn testimony, that the other parent has abandoned the child or has failed without cause to provide reasonable support, in either case for one year or more.
The court then notifies the other parent, by publication if the address cannot be found after a diligent search, and the hearing may not be held sooner than 35 days after service. If the adoption is granted, the court terminates the other parent's rights, while the parent married to the stepparent keeps all of theirs under C.R.S. 19-5-211.
Kinship and Custodial Adoption
Under C.R.S. 19-1-103, a kinship adoption is an adoption by a grandparent, sibling, half-sibling, aunt, uncle, or first cousin of the child (and that relative's spouse). A custodial adoption is by a person who has been awarded custody or parental responsibilities by a court, or by a legal guardian.
In both, the petitioner must have had physical custody of the child for a year or more, and in a kinship adoption the child may not be the subject of a pending dependency and neglect case. If the parents have not relinquished and their rights have not been terminated, the petitioner must also show, by affidavit or sworn testimony, abandonment or nonsupport for a year or more, with the same notice and 35-day rules as a stepparent adoption.
In kinship and custodial adoptions, the court may waive the usual assessment and approval of the adoptive parents and finalize the placement on finding it is in the child's best interests. The petition must state that the petitioner has consulted the county department about possible eligibility for public benefits, Medicaid, and subsidized adoption.
Relatives also matter when children enter foster care. In dependency cases, HB26-1314, signed June 1, 2026, added a presumption, at the temporary custody hearing, that placing a child removed from the home with a capable, willing, and available relative or kin is in the child's best interests. The presumption can be rebutted by a preponderance of the evidence.
Agency and Private Adoption
Under C.R.S. 19-5-206, a child who becomes available through termination, relinquishment, or a guardian's consent may be placed for adoption only by the court, a county department of human services, or a licensed child placement agency. In a private adoption, birth parents may designate a specific adoptive family, which the agency assesses and approves before the placement.
Under C.R.S. 19-5-213, no one may give or receive money or anything of value in connection with a relinquishment and adoption, except attorney fees and other charges the court approves, and a violation is a misdemeanor. The petition must include a sworn statement of every fee and expense charged.
Adoption From Foster Care
Children in foster care are adopted through county departments of human services. According to the Colorado Department of Human Services adoption page, the primary goal of foster care is to reunify children with their parents, and adoption is pursued when that is not possible.
For families adopting through a county, CDHS describes these requirements: adoptive and foster parents must be at least 21, pass background checks, complete core training and other required training such as CPR and first aid, and complete a home study, which takes an average of three to six months. Post-placement supervision lasts at least six months before the adoption is finalized.
These are requirements for county foster and adoptive families, not rules for every adoption in Colorado.
Second-Parent and Confirmatory Adoption
A second-parent adoption lets a child's sole legal parent consent to adoption by a second adult, with a written home study. A confirmatory adoption under C.R.S. 19-5-203.5 lets parents of a child conceived through assisted reproduction confirm the non-birth parent's parentage through an adoption decree, and the court does not require a home study unless it finds good cause. Parentage can also be established without an adoption, as explained in our guide to Colorado child custody laws for unmarried parents.
HOME STUDY REQUIREMENTS AND WHEN THEY DO NOT APPLY
When a county department or agency places a child, C.R.S. 19-5-207 requires its written consent and a written home study report covering the petitioner, the child, and the child's background.
In those placements, every prospective adoptive parent and every adult living in the home must complete fingerprint-based criminal history checks. A felony conviction for child abuse, a crime of violence, or unlawful sexual behavior bars adoption, as does a felony for physical assault, battery, or a drug offense within five years, or a felony domestic violence offense within ten years.
Under C.R.S. 19-5-209, the court-ordered home study does not apply to stepparent, kinship, or custodial adoptions, or where the court made the placement. In stepparent, kinship, and custodial adoptions, the petition must instead disclose any listed criminal convictions and attach a current criminal history check under C.R.S. 19-5-208. In a relative adoption, the court may still order further assessment under C.R.S. 19-5-207.
THE COURT PROCESS
Adoption cases belong to the juvenile court under C.R.S. 19-1-104. Outside Denver, that is the juvenile division of the district court, so in El Paso and Teller counties adoptions are heard in the Fourth Judicial District.
Filing the Petition
The petition must be filed within 35 days after the child is first placed with the adoptive family, unless the court finds reasonable cause or excusable neglect. It must state what inquiry was made into whether the child is an Indian child and include the fee affidavit. The Judicial Branch's List of Fees shows $197 for an adoption petition, and fees can change.
Timing of the Hearing
Under C.R.S. 19-5-210, in agency and other adoptions the final hearing may not be held sooner than 182 days after the child begins living in the home, though the court may shorten or extend that period for good cause. Stepparent, kinship, and custodial adoptions are heard as soon as possible.
What the Court Must Find
Before entering a final decree, the court must be satisfied that the child is available for adoption, that the petitioner is of good moral character and able to support the child in a suitable home, that the criminal history checks show no disqualifying conviction, and that the adoption serves the child's best interests. Placing siblings together is presumed to be in their best interests.
Adoption hearings are closed to the public unless the court finds that opening one serves the child and the adoptive parents agree.
Post-Adoption Contact Agreements
Colorado allows open adoptions. Under C.R.S. 19-5-208, only the adoptive petitioner may ask the court to approve an agreement for contact with birth parents, birth relatives, or the child's tribe, and a child 12 or older must consent to its terms. If a party later fails to follow the agreement, that is not grounds to set aside the adoption.
THE FINAL DECREE AND A NEW BIRTH CERTIFICATE
Under C.R.S. 19-5-211, once the final decree is entered the child is, for all purposes, the child of the adoptive parent, with the same rights and obligations as a child born to that parent. The birth parents lose all legal rights and obligations toward the child, except in a stepparent adoption, where the parent married to the stepparent keeps all of theirs.
For a child born in Colorado, the state registrar prepares a new birth certificate after the adoption under C.R.S. 25-2-113. The original certificate and adoption records are sealed. No new certificate is issued if the court, an adoptive parent, or the adopted person asks that it not be, and the new certificate is marked as issued pursuant to adoption only if an adoptive parent or the adopted person requests it.
THE INDIAN CHILD WELFARE ACT IN COLORADO
The federal Indian Child Welfare Act of 1978 sets minimum standards for custody proceedings involving an Indian child. Colorado added its own Colorado Indian Child Welfare Act in 2025, at Title 19, Article 1.2 of the Colorado Revised Statutes, effective August 6, 2025. Under C.R.S. 19-1.2-104, it incorporates the federal Act and may add protections.
Two rules stand out for adoptions:
- Consent. Under C.R.S. 19-1.2-126, a parent's consent to relinquishment or adoption must be in writing and recorded before a judge, who certifies that it was explained and understood. Consent given before birth or within ten days after birth is not valid, and consent may be withdrawn for any reason before the final decree.
- Placement preferences. Under C.R.S. 19-1.2-120, an Indian child is placed according to the tribe's order of preference. If the tribe has none, the order is a member of the child's extended family, then other members of the child's tribe, then other Indian families in a further order the statute sets. A different placement requires good cause proven by clear and convincing evidence.
If there is any reason to think a child may have tribal heritage, raise it at the start of the case.
COSTS AND FINANCIAL ASSISTANCE
Costs vary by the kind of adoption. In a stepparent or kinship adoption, the main costs are usually the court filing fee, the criminal history check, and legal fees, while a private agency adoption adds agency and home study fees. Whatever the path, Colorado's limits on payments and its fee disclosure affidavit apply.
Adoption from foster care is different, because assistance is available for children who qualify. According to the CDHS adoption page, adoption assistance can include monthly payments, Medicaid for children adopted through child welfare until age 21, services for special needs, and reimbursement of non-recurring adoption expenses of up to $2,000 per child. The adoption assistance agreement must be signed before the adoption is finalized, so ask about it early.
FREQUENTLY ASKED QUESTIONS
How Old Do You Have to Be to Adopt in Colorado?
In Colorado, any person 21 or older may petition to adopt, including a foster parent. The statute also allows a minor to petition with the court's approval.
Do You Have to Be Married to Adopt in Colorado?
No. A single person may adopt in Colorado. A married person or civil union partner who is not legally separated must petition jointly with the spouse or partner unless that person is already the child's parent.
How Long Does an Adoption Take in Colorado?
In Colorado agency and foster care adoptions, the final hearing generally comes no sooner than 182 days after the child moves in, unless the court shortens that for good cause. Stepparent, kinship, and custodial adoptions are heard as soon as possible.
Does a Stepparent Adoption Need the Other Parent's Consent?
Usually, unless the other parent has died or already had parental rights terminated. In Colorado, a stepparent adoption can also proceed without consent if the other parent abandoned the child or failed without cause to provide reasonable support for one year or more, which the court decides after notice and a hearing.
Does Every Colorado Adoption Require a Home Study?
No. In Colorado, agency and county adoptions require one, but the court-ordered home study does not apply to stepparent, kinship, or custodial adoptions, which instead require a criminal history check with the petition. Confirmatory adoptions generally do not require one either.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Most of the work in an adoption happens before the hearing: confirming the child is legally available, giving proper notice, and preparing the petition. Getting those right avoids delays.
Moran, Allen & Associates Family Law Attorneys can talk through a stepparent, kinship, or other adoption with you. Call (719) 447-0762 in Colorado Springs, or (719) 686-7554 for our Woodland Park family law office, or schedule a free consultation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws, fees, and agency requirements change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 19-5-201, Who May Be Adopted
- C.R.S. 19-5-202, Who May Adopt
- C.R.S. 19-5-203, Availability for Adoption
- C.R.S. 19-5-203.5, Confirmatory Adoption
- C.R.S. 19-5-204, Venue
- C.R.S. 19-5-206, Placement for Purposes of Adoption
- C.R.S. 19-5-207, Written Consent, Home Study, and Criminal History Checks
- C.R.S. 19-5-208, Petition for Adoption and Post-Adoption Contact Agreements
- C.R.S. 19-5-209, Home Study Reports
- C.R.S. 19-5-210, Hearing on Petition
- C.R.S. 19-5-211, Legal Effects of Final Decree
- C.R.S. 19-5-213, Compensation for Placing a Child Prohibited
- C.R.S. 19-1-103, Children's Code Definitions
- C.R.S. 19-1-104, Juvenile Court Jurisdiction
- C.R.S. 19-1.2-104, Colorado Indian Child Welfare Act, Applicability
- C.R.S. 19-1.2-120, Placement Preferences
- C.R.S. 19-1.2-126, Voluntary Consent
- C.R.S. 14-1-101, Adoption of Adults
- C.R.S. 25-2-113, New Certificates of Birth Following Adoption
- HB26-1314, Family Stability and Kinship Care (2026)
- Colorado Department of Human Services, Adoption
- Colorado Judicial Branch, List of Fees