Colorado recognizes that in some instances it is in a child’s best interests for a step-parent to adopt the child, terminating the rights of one of the biological or legally determined parents. Adopting a step-child in Colorado requires the consent of the spouse (Parent A), and either (1) consent of the terminated parent (Parent B), or (2) a Court Order terminating Parent B’s rights. Grounds for termination include allegations that Parent B has abandoned the child or failed to pay support for at least one year.
Whether Parent B agrees to the termination and adoption, or the Court terminates Parent B’s rights, both require the Court’s approval and a finding that it is in the child’s best interests. This is a highly technical action that requires skill and knowledge of the law. Once the adoption has occurred, the step-parent has all the legal rights and obligations to the child, including the duty of support.