K. Stepparent Adoptions


		K. Stepparent Adoptions

In the Matter of J.A.V., ___ P.3d ___ (Colo. App., March 5, 2009)

A simplified process is available for stepparent adoption. This assumes that the natural parent is giving his/her permission, and authorization has been obtained from the other natural parent, or termination of parental rights has entered as to the other natural parent or that parent is deceased. To find a stepparent abandoned the child, there must be proof that he left the child willfully and without an interest to return, not when he had a pending motion to modify parenting time.

In the Matter of the Petition of C.A.O., 192 P.3d 508 (Colo. App. 2008)

Due process may permit an indigent father to request appointed counsel in a stepparent adoption proceeding.

C.R.S. § 19-5-203(1)(d)(I) and (II)

1. Checklist for Stepparent Adoptions

Written and verified consent of the already existing custodial parent;
Natural parent and stepparent must be married for at least one year and not legally separated;
Written consent from the child if twelve years or older;
If the other natural parent is not deceased, and parental rights have not been terminated, then additionally:

Affidavit or sworn testimony of the parent that the other natural parent has abandoned the child or failed to provide reasonable support for the child for one year or more;
Notice to the other parent pursuant to the Colorado civil rules for service of process or affidavit by petitioning parent that after diligent search the address of the other parent is unknown and if so, the court must order notice by one publication in a newspaper of general circulation in the hearing county;
Hearing to be set at least thirty days after the notice is served or published;

No certificate of placement approval necessary;
No six months waiting period for hearing after placement.

2. Questions for Adopting Parent

Name?
Address?
You are the prospective adoptive father/mother today?
Are you married to (child’s parent)?
Where and when were you married?
Did you have a child at the time of your marriage?
What is the child’s name?
Do you know the date of birth of the child?
Have you and (child’s parent) lived together as husband and wife continuously since your marriage?
And are you now living together as such?
Do you have any other children, natural or adopted?
How many?
Names?
Ages or birth dates?
Where do they live?
Do you pay child support, or are you obligated to pay support for them or any other person?
Have you ever had an action for non-support filed or brought against you?
Integration into family:

Do you feel that (child) has adjusted to your being in the home with your spouse and him/her?
Have you integrated into a comfortable and healthy family unit?
Is it your opinion that this adoption will be in his/her best interests?
Do you love (child) and welcome him/her into your home as your son/daughter?
Will you accept all of the duties and responsibilities that a father/mother owes to his/her son/daughter?
Are you willing to provide for him/her until he/she reaches the age of majority, to educate him/her and give him/her fatherly/motherly love and attention?

Finality:

Describe your current relationship with your spouse.
How long have you known the child?
Are you presently supporting him/her?
How long have you supported him/her?
Are you employed outside of your household?
What is the nature of your employment?
What is your current state of health?
Does (child) experience any physical or emotional problems of which you are aware?
Do you understand that if those physical or emotional problems or unknown problems develop, so that (child) requires long term therapy, hospitalization or treatment, you will have to meet his/her needs totally if this adoption is granted?
Are you aware of the rights and obligations you are assuming if this adoption is granted?
Do you want this child to have the ability to inherit from you and through you?
Are you aware you cannot undo this proceeding at some later date, no matter what changes there may be in the family?
Do you understand that if you and your spouse divorce or separate, the two of you can contest over (child’s) custody, support and visitation, just as if (child) had been born to you?
Are you aware that you must support (child) until he/she becomes emancipated (and this could mean until 21 years of age) or longer, if the child becomes disabled?
Do you believe that your income is adequate to meet the needs of all persons depending on you for support, including the child whom you are asking to adopt today?

Moral Character:

Have you ever been convicted of a crime?
Is there anything in your past that might cause the court to question your moral character?

Pressure/Coercion:

Is this a voluntary decision on your part?
Has anyone placed any force or pressure on you in order to get you to adopt this child?
Has anyone promised you anything or threatened you in any way in order to get you to adopt?
Has anyone offered or paid you any money, property or services in kind in order to get you to adopt?

3. Natural Parent Questions for Stepparent Adoption

Name
Address
You are the child’s natural mother/father?
Are you married to (stepparent)?
Where and when were you married?
You had a child prior to this marriage who is the subject of this proceeding?
Child’s name?
When was that child born?
Have you and (stepparent) lived together as husband and wife continuously since your marriage?
And are you now living together?
Do you have any other children, natural or adopted?
How many?
Ages or birth dates?
Integration into family:

Do you feel that (child) has adjusted to (stepparent) being in the home with you and the children?
Have you integrated into a comfortable and healthy family unit?
Is it your opinion that this adoption will be in the best interests of the child?
Have you signed a written consent to this proceeding?

Status of other natural parent:

Who is the natural father/mother of this child?

Where is he/she?

When is the last time the natural father/mother provided support for this child?
When is the last time the natural father/mother visited in person with the child?
Have you ever concealed your whereabouts from the natural father/mother?
Have you ever moved away with the child without first consulting with the natural father/mother of the child?
Have you ever in any way prevented the natural father/mother from seeing the child?
Please describe your current communication and relationship with the child’s natural parent.

Finality:

Do you understand that if you and your spouse divorce or separate, the two of you can contest (child’s) custody, support, and visitation just as if (child) had been born to the adopting stepparent?
Do you understand that if the court grants this petition, you have no future claims or causes of action against (biological parent) for child support?
By living with (stepparent) you have had an opportunity to observe your child and him/her together. How would you describe his/her parenting skills?
Do you believe there exists a good parent-child relationship between (child) and (stepparent)?

Pressure/Coercion

Has anyone placed any force or pressure on you in order to get you to support the adoption?

Has anyone promised you anything or threatened you in any way in order to get you to support the adoption?

Has anyone offered or paid you any money, property or services in kind in order to get you to support the adoption?
Is there any side agreement or arrangement with the natural father/mother about continued visitation or contact with the child? (The court should follow up to ensure the parent knows any such agreement is not enforceable.)
Is that a condition of consent from the natural parent?
Does your child experience any physical or emotional problems of which you are aware?