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I have legal custody or guardianship over a child, can I adopt them?

FAQ Item

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)

I have been caring for a family member, can I adopt them?

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Yes, if you are a grandparent, brother, sister, one-half sibling, aunt, uncle or first cousin of the child to be adopted and the child has lived with you for one year or more. Such a relative will want to petition the court for a “Kinship Adoption.” C.R.S. § 19-5-203(j).