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Legal Overview

Summary of State Adoption Laws

COLORADO

Colorado Revised Statutes 19-5-201to 19-5-304(1995)

Who Can Adopt?

 Any person who is 21 years of age, including a foster parent, may adopt. Aminor, with court approval, may adopt. A married couple must jointly petitionto adopt, unless they are legally separated or one parent is the natural parentof the child or has previously adopted the child.

Who Can Be Adopted?

 Any child who is under 18 years of age and is in the State at the time of theadoption petition can be adopted. A person between the age of 18 and 21 can beadopted, with court approval.

Consent to Adoption

 The following parties must consent to the adoption:

(1) both parents, except if their parental rights have been terminated orvoluntarily relinquished; then the child's legal guardian;

(2) when both parents are deceased, the child's court-appointed guardian;

(3) a child 12 years of age or older; and

(4) in stepparent adoptions, both natural parents, unless a parent

 has failed to provide support without good cause for 1 year or more,

 has abandoned the child for 1 year or more,

 has had parental rights terminated, or

 is deceased.

(5) With respect to a dissolved marriage, both parents, including the parentwithout custody of the child must consent.

 There are no provisions in the law regarding how consent can be withdrawn orwhen consent must take place.

Confidentiality

 Any adult adoptee, adoptive parent, or descendant of a deceased adoptee who isover 21 years of age may access any non-identifying information related to theadoptee's biological family that is obtained by the relevant agencies. Allrecords and court proceedings in adoption are confidential, and the records canbe inspected by court order only. Any adult adoptee, adoptive parent,biological parent, or biological sibling who is 21 years of age or older mayfile a motion to the court to appoint a trained confidential intermediary todetermine the whereabouts of the unknown relative, unless the unknown relativeis under 21 years of age. The confidential intermediary shall obtain theconsent of both parties that they wish to communicate.

 The State shall establish a voluntary adoption registry which shall maintain aconfidential list of all adult adoptees, their biological siblings, adoptiveparents who want to obtain medical information related to the adoptee, linealascendants or descendants of a deceased adoptee, a person claiming to be thefather whose rights were not terminated, and birth parents who agree to releaseidentifying information.

Permissible Fees

 With respect to an adoption in which the adoptive parents located theadoptee, they may pay the biological mother capped living expenses, andreasonable telephone and maternity clothing expenses. No person can offer,give, charge, or receive money or anything of value in an adoption, exceptattorney fees and other fees approved by the court. No person, other than anadoption agency, shall offer, give, charge, or receive money or anything ofvalue in connection with locating or identifying a child for adoption. Astatement of all fees charged by the person or agency in connection with theadoption shall be submitted to the court.

Place of Adoption Hearing

 The hearing may take place where the adoptive parent resides or where theplacement agency is located.

Authority To Place Child

 A court, the county department of social services, or a licensed childplacement agency can place the child. The birth parents may designate aspecific person with whom they wish to place a child for adoption.

Relative Adoption

 There are no provisions in the law regarding relative adoptions. The courtmay waive investigations and reports regarding stepparent adoptions unless goodcause is shown why they should not be waived.

Advertisements

 Any birth parent or prospective adoptive parent may advertise through anypublic media within the state for the placement of a child.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Colorado Bar Association
1900 Grant Street, #950
Denver, CO 80203
(303) 860-1115

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