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Adoption
Adoption

Same Sex Parent Adoption - Without a Civil Union

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Same Sex Parent Adoption - Without a Civil Union Forms

Colorado Judicial Branch has compiled all forms required for Same Sex Parent Adoption - Without a Civil Union.

View Forms

About Same Sex Parent Adoption - Without a Civil Union

In a same sex parent adoption without a civil union, a person(s) indicates that he or she wants to raise the child permanently with their same sex partner. The person has not entered into a civil union with their same sex partner.

For more information about same sex parent adoption, consult §19-5-200.2 through 19-5-212 C.R.S. (Colorado Revised Statutes), or Colorado law.

The child should be under 18 years old. You must have approval from the court if the child is between the ages of 18 and 21. You must be 21 years or older to adopt a child in a same sex parent adoption. If you aren't 21 years old, you must have the permission of the court to file the paperwork.

Criteria for Same Sex Parent Adoption - Without a Civil Union

When the petition for adoption is filed, the child must be living in the State of Colorado or under the jurisdiction of a court in Colorado for at least 6 months.

A child is legally available for adoption in a same sex parent adoption when you have written and verified consent from the only legal parent, and the only legal parent wishes the child to be adopted by a named second adult.

The child must be legally available for adoption, which means one of the following is true:

  • A court has ended the parent-child legal relationship
  • A court has approved voluntary relinquishment of the parent-child legal relationship, meaning a parent has agreed to give up their rights as a parent
  • If the parents are deceased, a court-appointed guardian has given written and verified consent
  • Written and verified consent signed by the parents

Preparing for Same Sex Parent Adoption - Without a Civil Union

You will need to get both a federal and state fingerprint-based criminal history record check for yourself. You will also need a TRAILS background check through your local Department of Human Services.

Law enforcement agencies are no longer required to provide fingerprinting for civil cases. Some law enforcement agencies will refer you to Colorado Application Background Services (CABS).

The criminal history check must be done 90 days before the filing of the adoption paperwork.

Complete TRAILS Background Check

Information about this background check may be found on the Colorado Department of Human Services (CDHS) website. This background check looks for any child abuse cases. You must pay a fee.

A person convicted of a felony offense that involves child abuse, a crime of violence, or a felony offense involving unlawful sexual behavior shall not be allowed to adopt a child.

Forms and Paperwork Required

Download and fill out the Same Sex Parent Adoption - Without a Civil Union forms using the forms link above. If you are planning to adopt more than one child, you will need a packet for each child.

Paperwork Tips

Tips for completing JDF 504 Petition for Second Parent Adoption:

  • You are the petitioner.
  • You may need to read the Indian Child Welfare Act to complete the section on facts concerning the child.
  • Follow the prompts to complete the form.

Tips for completing JDF 454 Verified Statement of Fees Charged:

  • Follow the prompts to complete the form.
  • You will fill in any fees that you have paid relating to the adoption. If you didn't pay a fee in a particular category, you may fill in the number 0.

Tips for completing JDF 508 Consent to Adoption - Sole Legal Parent:

  • Only complete the top portion of the form above the Consent to Adoption title.
  • The remainder of the form should be filled out and signed by the parent.
  • Provide a copy of the petition to the parent.

Tips for completing JDF 511 Consent to Adoption - Child Over Twelve Years of Age:

  • Use this form only if the child you are adopting is over 12 years old.
  • Only complete the top portion of the form above the Consent to Adoption title.
  • The remainder of the form should be filled out by the child if he or she is over 12 years old.

Tips for completing JDF 514 Notice of Hearing:

  • Only complete the top portion of the form above the Notice of Hearing title.

How to Submit Paperwork to the Court

  1. Decide where (which courthouse) to deliver your paperwork. Your same sex parent adoption paperwork should be given to the district court in the county where you live or in the county where the adoption agency is located, if you are using an adoption agency. 
  2. Give the court the completed forms and the following background check results:
    • Report results from fingerprint-based FBI background check
    • Report results from fingerprint-based CBI background check
    • Report results from TRAILS background check through the Colorado Department of Human Services
  3. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.

Same Sex Parent Adoption - Without a Civil Union Filing Fees

Adoption Petition$167.00
Juvenile Party Response$192.00

After Paperwork Is Filed

If you didn't set up a hearing date when you gave your paperwork to the court, you should receive a notice from the court about the date and time of the adoption hearing. You need to come to the court for the hearing.

On Your Court Date

Be on time or early for your court hearing.

Have all of your completed paperwork with you.

Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge".

During the Adoption Hearing

The Petitioner(s) will tell the judge why the judge should allow the Petitioner(s) to adopt the child.

Focus on the facts.

Paperwork Required for the Adoption Hearing

Download and fill out the following forms:

Tips for completing JDF 523 Final Decree of Second Parent Adoption:

  • Only complete the top portion of the form above the Final Decree title.
  • The court will complete the remainder of the form, and the judge will sign, usually at the hearing.
  • Make 3 copies of this form so you have 4 forms: 1 original and 3 copies.

Tips for completing the Report of Adoption:

  • There are sections on the form for you to complete and sections on the form for your attorney to complete, if you have one. Contact the Department of Public Health and Environment if you have questions about this form.
  • Do not sign the form. The clerk at the court will sign the form after the adoption hearing.
  • Make 2 copies of the form.

After the Adoption Hearing

The judge will sign the original and copies of JDF 523 Final Decree of Second Parent Adoption, possibly on the day of the adoption. The court will certify 2 to 3 copies of the Final Decree. You will pay a fee for certifying documents.

The certified documents are for:

  • You
  • The Department of Public Health and Environment so you can request a new birth certificate
  • Your attorney, if you have one

The court will certify the Report of Adoption and send it to the Department of Public Health, Office of the State Registrar of Vital Statistics. You will complete more paperwork and pay a fee with the Office of the State Registrar of Vital Statistics for the birth certificate.

Additional Resources