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A non-family member can petition the court to adopt a child they are caring for if: 

• The birth parents have abandoned the child for one year or more, or 
• The birth parents have failed to provide reasonable support for the child, such as failing to pay child support, for one year or more. 
• The non-family member must have legal custody over the child established either through an Allocation of Parental Responsibilities (APR) or Guardianship case. The non-family member will petition the court for a “Custodial Adoption.” C.R.S. § 19-5-203(k)

A person convicted of a felony in the following areas will not be allowed to adopt: 

• Child abuse or neglect 
• Spousal abuse 
• Any crime against a child, including, but not limited to, child pornography 
• Any crime of domestic violence 
• Violation of a protection order 
• Any crime involving violence, rape, sexual assault or homicide 
• Any felony physical assault or batter conviction or felony drug-related conviction within the past 5 years. C.R.S. §§ 19-5-207(2.5)(a) and 208(5). 
  • A person convicted of a misdemeanor in the above areas may be allowed to adopt with court approval. C.R.S. § 19-5-207(2.5)(b)(I).

Yes. Persons petitioning the court to adopt a child, and all adults residing in the home, must complete three background checks: 

Colorado Bureau of Investigation (CBI) background check 

FBI Fingerprint Identification 

Child Abuse and Neglect Records Check (CDHS TRAILS)  

Background checks must be conducted within 90 days prior to filing. Petitioner should attach copies of all three background checks to the petition.

In Colorado, prospective adoptive parents in kinship or custodial adoption cases are required to participate in a family assessment or home study. A social worker from a licensed placement agency will conduct the home study and provide a detailed written report to the court. The purpose of the home study is for the caseworker to visit your home, interview you and educate, prepare and evaluate the adoptive family. 

In kinship and custodial adoption cases, the potential adoptive parents can ask the court to waive the assessment by completing and filing the Motion to Waive the Family Assessment/Home Study (JDF 515) and the Order (JDF 516). C.R.S. § 19-5-206(g).

Visit the Adoption Self-help forms page.