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Instructions For Adult Adoption JDF 496 - Colorado
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INSTRUCTIONS FOR ADULT ADOPTION These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney. GENERAL INFORMATION Any person desiring to adopt an adult, as heir at law, shall file a Petition in the Juvenile Court of the county of that person's residence or the residence of the person to be adopted. A summons shall be issued as provided in the Colorado Rules of Civil Procedure and be served on the person sought to be adopted. The person to be adopted shall file a written answer to the Petition either consenting or not to the adoption. If the person to be adopted does not consent to the adoption, the Court shall dismiss the case. Upon the filing of consent by the person to be adopted or by a legally qualified conservator or other legal representative of such person, the Petition shall be granted. The Final Decree is sufficient to change the name of the adopted person. His/her birth certificate does not need to be changed. For additional information, please review §14-1-101, C.R.S. If you have a disability and need a reasonable accommodation to access the courts, please contact your local ADA Coordinator. Contact information can be obtained from the following website: http://www.courts.state.co.us/Administration/HR/ADA/Coordinator_List.cfm COMMON TERMS Petition: Petitioner: Respondent: Heir at Law: Service of Process: Return Date: May: Shall: Document officially commencing the Adult Adoption process. The person or persons filing a Petition for Adoption. The person who files a response to the Petition for Adult Adoption. A person who is entitled to inherit from the Petitioner. Serving a copy of the Petition on any parties of interest in the Adult Adoption The date listed on the summons by which the Respondent must file their answer. In legal terms, "May" is defined as "Optional" or "Can". In legal terns, "Shall" is defined as "Required". If you do not understand this information, please contact an attorney. FEES The $130.00 filing fee is per Petitioner(s) seeking the adoption(s) and not per case. If you are unable to pay, you must complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and submit it to the Court. Once you submit the completed JDF 205 form and a blank Order (JDF 206), the Court will decide whether you need to pay the filing fee. Other fees that a party to the case may encounter are as follows: Certified Copies of Documents $13.75 per page (.75 per copy, $13.00 per certification) FORMS To access a form online go to www.courts.state.co.us and click on the "Forms" tab. The packet/forms are available in PDF or WORD by selecting "Adoption - Adult". You may complete a form online or you print it and type or print legibly in black ink. JDF 496 JDF 528 JDF 529 JDF 530 JDF 531 R2-13 Petition for Adult Adoption Answer/Consent for Adult Adoption Notice and Summons for Adult Adoption Final Decree for Adult Adoption Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com ADULT ADOPTION INSTRUCTIONS © 2012 Colorado Judicial Department for use in the Courts of Colorado STEPS TO FILING YOUR CASE: Step 1: Complete Appropriate Forms. Please read the information below identifying how each form should be completed prior to filing your case. The caption below needs to be completed on all forms filed. District Court Denver Juvenile Court _____________________County, Colorado Court Address: IN THE MATTER OF THE PETITION OF: ______________________________________________ (Persons(s) seeking to adopt) FOR THE ADOPTION OF AN ADULT ______________________________________________ (Adoptee's Name) Attorney or Party Without Attorney (Name and Address): Phone Number: FAX Number: E-mail: Atty. Reg. #: NAME OF FORM COURT USE ONLY Case Number: Division Courtroom Petition for Adult Adoption (JDF 528): Complete all sections on this form. If more than one adult is being adopted you will be required to prepare a separate Petition for each adult. Each adult being adopted will have his or her own case for confidentiality purposes. The $130.00 filing fee is per Petitioner(s) seeking the adoption(s) and not per adult. The Petitions must be filed on the same day. The Petition must be signed in the presence of a Court Clerk or Notary Public. Please complete all sections of this form. Notice and Summons for Adult Adoption (JDF 530). You only need to complete this form if you and the adult adoptee are not filing together. If you do need this form, complete the upper portion of the forms only. This is all of the information in the box above, except for the Case Number, Division and Courtroom. The Court will provide this information when you file your case. Answer/Consent for Adult Adoption (JDF 529). Complete the upper portion of the Answer/Consent only. This is all of the information in the box above, except for the Case Number, Division and Courtroom. The Court will provide this information when you file your case. Final Decree of Adult Adoption (JDF 531). Complete all sections on this form. You will also need to pay an additional $13.00 for each Decree to be certified and an additional $13.75 for every additional certified copy. Step 2: File Documents with the Court. You have completed all the necessary paperwork and completed the appropriate forms mentioned in Step 1. You are now ready to file your case with the Court. When you file your documents with the Court, please check with the Court if a hearing is required. If a hearing is not required, provide addressed stamped envelopes for you and the adult you are seeking to adopt, so that the Court can send the Final Decrees, if approved. Step 3: Complete Service. You shall complete service on the adult you are seeking to adopt with a copy of the Petition for Adult Adoption (JDF 528), Answer/Consent for Adult Adoption (JDF 529), and Notice and Summons for Adult Adoption (JDF 530) only if the consent and waiver forms have not been filed by the adoptee at the time of filing. Step 4: Court Review or Court Hearing. Upon receipt of the Answer/Consent for Adoption (JDF 529) from the person you are seeking to adopt, the Court will review all documents filed and may grant the adoption. If the person you are seeking to adopt does not consent to the adoption, the Petition shall be dismissed. Check with the Court to determine when you can expect to receive the Decree for Adult Adoption.