Same-sex couples in Colorado have many of the same rights and legal protections as any other couples. However, the one area in which their marriages differ from heterosexual relationships is the inability to share biological children.
Same-sex couples sometimes use assisted reproduction to expand their families. Other times, one spouse might carry a child for the couple, or they may choose to adopt together. It is also somewhat common for same-sex couples to enter into their relationships with children from prior relationships or a child that one spouse adopted on their own before marriage.
In those scenarios, the other spouse may want to complete a stepparent adoption as a means of solidifying their legal relationship with the child. Stepparent adoptions require patience, communication and court approval. The process also requires the cooperation of the child’s other surviving parent. For some couples, that can be the biggest challenge when pursuing a stepparent adoption.
The other parent must consent
Multiple parties have to approve of a pending stepparent adoption. Obviously, the spouse of the stepparent needs to agree that a stepparent adoption is the right choice for the family. The courts also have to approve the stepparent adoption as being in the best interests of the child.
Before that happens, however, the stepparent and their spouse need to secure the consent of the child’s other biological parent. In some cases, this step is not necessary. If the child’s other parent already died, they obviously cannot provide consent to the adoption. Their consent is not necessary if the state has already terminated their parental rights.
Without one of those two unusual circumstances, the stepparent adoption requires the written consent of the other parent of the child. They must effectively give up their parental rights so that a stepparent can establish their legal connection to the child. Even those who rarely see their children may have strong feelings about the idea of formally ending their relationship.
An explanation about how the adoption could eliminate parental responsibilities could inspire cooperation in the other parent. For example, if they are currently subject to a child support order, they can end their child support obligations by giving up their parental rights and consenting to the stepparent adoption. Occasionally, it may be possible to ask the courts for assistance when the other parent is uncooperative despite playing little to no role in the life of the child.
Same-sex couples hoping to protect their new families with a stepparent adoption often need help navigating the paperwork and court proceedings involved in the adoption process. Having appropriate support can make a major difference for stepparents who want to permanently protect the relationship they have with their stepchildren.