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Do you have to be leagally married for a step parent adoption?

21 December 2009 7 Responses

A Parent asks, I live in Colorado. I have an 18 month old daughter whos father doesn’t see her by his choice and will not pay child support. He said he will sign over his rights. My common law husband would like to adopt her. We are also expecting another one. So my question is do you have to be leagally married in the state of colorado? What is the process of step parent adoption here?

7 Responses »

  • Lisa said:


    Your best bet would be to talk to a lawyer.

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  • mom of many said:


    yes you must be married for a year or two (each state has own time frame) Its not a step parent till your married. See a lawyer. With bio fathers consent its a pretty easy process.

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  • DevonChaos said:


    Yes. You have to be legally married, and the father has to sign over his rights. You will need to contact the family courts in your area to discuss the factors that would lead up to a step-parent adoption. Usually there are a few years of waiting before it can occur though.

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  • Allanas said:


    He’s not a step parent until after the wedding.

    Until then, he’s just the loser who refuses to marry mommy.

    And you have another on the way?!?!?! Classy!

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  • smarmy said:


    As already stated it can’t be a step parent adoption until after the wedding. But before you go through with this you might want to read up on what happens to this child’s Original Birth Certificate, passport, and other paperwork that is sealed in the state of Colo. Something that many are fighting to change, but so far have not been able to. Make sure you know EVERYTHING you are getting this child into.

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  • SLY said:


    Since Colorado recognized Common Law marriages, you are legally married if you live as man and wife and meet the criteria established by the state. http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COMMON%20LAW%20MARRIAGE.pdf

    Contact an attorney in your area to arrange the adoption, but you can save some time and money by having everything in order prior to the meeting. Here is a link to all the forms, and to the process. http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/87

    However, before you do this, please read the comments of the people here about the birth certificate and loss of heritage for your child.

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  • Poppy said:


    Look in the Yellow pages for an Adoption Attorney, They will have the answer you want.

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