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Home Self Help Same Sex Parent Adoption-Without a Civil Union
Home Self Help Same Sex Parent Adoption-Without a Civil Union
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.

  • What is an adoption?
    • 1. What is a same sex parent adoption?
      • 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.

    • 2. Where may I find more information about same sex parent adoption?
      • For more information look at §19-5-200.2 through 19-5-212 C.R.S. (Colorado Revised Statutes), or Colorado law.

    • 3. Who may adopt a child in a same sex parent adoption?
      • A person who is 21 years of age or older.  A minor must have the permission of the court to file the paperwork.

    • 4. Who may not adopt a child in a same sex parent adoption?
      • 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.

    • 5. How old is a child who may be adopted in a same sex parent adoption?
      • 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.

    • 6. When may a child be adopted in a 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.

    • 7. When is a child legally available for adoption in a same sex parent adoption?
      • Legally available for adoption means 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.

        Legally available for adoption means one of the following:

        * 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, court-appointed guardian has given written and verified consent

        * Written and verified consent signed by the parents

  • How do I prepare to adopt a child in a same sex parent adoption?
    • Do I need to get a background check for myself?
      • You will need to get BOTH a federal and state finger-print 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). Below is a link to the Colorado Bureau of Investigations website which includes information and instructions sorted by category:

        https://www.colorado.gov/pacific/cbi/employment-background-checks

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

        (3) Complete TRAILS Background Check

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

  • How do I start a same sex parent adoption?
    • 1. What paperwork do I fill out?
      • NOTE: If you are planning to adopt more than 1 child you will need a packet for each child.

         

        Complete the Paperwork

        * Download and fill-out the following forms:

        JDF 504 Petition for Second Parent Adoption

        JDF 454 Verified Statement of Fees Charged

        JDF 508 Consent to Adoption - Sole Legal Parent

        JDF 511 Consent to Adoption - Child Over Twelve Years of Age

        JDF 514 Notice of Hearing

         

        TIPS for completing the 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 the 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 this adoption. If you didn't pay a fee in a particular category you may fill in the number 0.

         

        TIPS for completing the 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 the 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 the JDF 514 Notice of Hearing:

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

         

         

    • 2. How do I give my paperwork to the court for a same sex parent adoption?
      • (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. Use the courthouse finder to find a court in your area.

         

        (2) Give the Court the completed forms and background check results.

        * JDF 504 Petition for Second Parent Adoption

        JDF 454 Verified Statement of Fees Charged

        JDF 508 Consent to Adoption - Sole Legal Parent

        JDF 511 Consent to Adoption - Child Over Twelve Years of Age-Use this form ONLY if the child you are adoptiong is over 12 years old

        JDF 514 Notice of Hearing

        * Report results from finger print based FBI background check

        * Report results from finger print based CBI background check

        * Report results from TRAILS background check through the Colorado Department of Human Services

         

        (3) Pay the filing fee.

        * Pay the filing fee. If you do not think you can afford the filing fee, go to the instructions and 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. For complete information check out our File Without Payment page.

  • What happens after I give all of the same sex parent adoption paperwork to the court?
    • 1. There will be an adoption hearing.
      • You should receive a notice from the court about the date and time of the adoption hearing if you didn't set up a hearing date when you gave your paperwork to the court. 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.

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

         

        DURING THE HEARING:

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

        * Focus on the facts.

         

    • 2. Do I need any paperwork for the adoption hearing?
      • * Download and fill-out the following forms:

        JDF 523 Final Decree of Second Parent Adoption

        Report of Adoption-This is a Colorado Department of Public Health and Environment form.

         

        TIPS for completing the 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.

    • 3. What happens after the adoption hearing?
      • The judge will sign the original and copies of the 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 and Environment, 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 new birth certificate.

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