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This section does not require that abandonment and nonsupport must both be shown to terminate parental rights (now parent-child legal relationship). Buder
v. Reynolds, 175 Colo. 28, 486 P.2d 432 (1971).
Prior court order mandating child support is not a prerequisite to a finding that a natural parent has failed without cause to provide child support. Accordingly,
a child could be adopted without the natural father's consent where the natural father had failed to provide any child support for over a year preceding
the filing for stepparent adoption, the evidence suggested that he would not pay child support in the future, and all procedural requirements of this section
had been met. In re I.R.D., 971 P.2d 702 (Colo. App. 1998).
In assessing whether a parent has abandoned a child, the court must examine the totality of the circumstances viewed in light of the best interests of the
child, and mother's single phone call made during the year prior to the filing of the petition for adoption would not preclude a finding of abandonment.
In re Petition of J.D.K., 37 P.3d 541 (Colo. App. 2001).
Termination of parental rights (now parent-child legal relationship) constitutional. Requiring only a showing that the natural parent has failed without
cause to provide reasonable support for a child for one year or more, when termination of a natural parent's rights is sought in a stepparent adoption,
does not violate the natural parent's constitutional rights. Buder v. Reynolds, 175 Colo. 28, 486 P.2d 432 (1971).
Consent is necessary in all adoptions, since without valid consents courts are without jurisdiction to enter decrees of adoption. Batton v. Massar, 149
Colo. 404, 369 P.2d 434 (1962).
Minor parent may give consent. Under this section, the minority of a natural parent is not a bar to such parent's consent to adoption. Batton v. Massar,
149 Colo. 404, 369 P.2d 434 (1962).
A mother's consent to the adoption is necessary unless she has forfeited her rights. Graham v. Francis, 83 Colo. 346, 265 P. 690 (1928).
When the petition in adoption was filed, there was no valid order of dependency. Without such a valid order the consent of the mother was essential, and
not being filed with that petition, the court was without jurisdiction to enter the decree of adoption, and its jurisdiction was no greater because of the
subsequent order of dependency based on a new petition. The adjudication of dependency entered subsequent to the filing of the petition in adoption could
not give vitality to the adoption petition. Storey v. Shumaker, 131 Colo. 131, 279 P.2d 1057 (1955).
Unverified consent ineffective. Where the written consent of the natural parent is not subscribed and sworn to as required by this section, a decree of
adoption will not be sustained. Allen v. Huffman, 135 Colo. 1, 307 P.2d 802 (1957).
Consent valid in absence of fraud, coercion, or misrepresentation. A mother may not avoid the consequences of her voluntary acts in consenting to the adoption
of her children, on the ground that she did not realize the seriousness and finality of the paper she was signing, in the absence of fraud, coercion, or
misrepresentation. Batton v. Massar, 149 Colo. 404, 369 P.2d 434 (1962).
Consent required where divorce decree specifically relieved father of duty to support child. T.C.H. v. J.M.S., 190 Colo. 246, 545 P.2d 1357 (1976).
After relinquishment, parental consent unnecessary. If there has been a relinquishment, then in proceedings for the adoption of the relinquished child,
the agency to which the child has been relinquished is the only one that can consent. Batton v. Massar, 149 Colo. 404, 369 P.2d 434 (1962).
Consent is not required where the parent has abandoned the child. Neville v. Bracher, 94 Colo. 550, 31 P.2d 911 (1934).
And such parent not entitled to notice of adoption. Where the mother abandons and deserts her child, she has no right to receive notice of the child's adoption.
Smith v. Welfare Dept., 144 Colo. 103, 355 P.2d 317 (1960).
Notice of adoption proceedings under this section need not be given where a valid relinquishment has been made, such relinquishment divesting the natural
parents of all legal right in their child. Smith v. Welfare Dept., 144 Colo. 103, 355 P.2d 317 (1960).
Under this section, no notice of an adoption proceeding is required to be given parents who have relinquished or lost their rights to the custody of their
children by prior court action. Olsen v. Davidson, 142 Colo. 205, 350 P.2d 338 (1960).
Hearing on adequacy of notice required. Where the motion to vacate the adoption decrees claims no notice whatsoever and further alleges that in support
of an order authorizing service by publication the procurer of the order made a false representation that he was unaware of the whereabouts of the natural
father, the inherent seriousness of such allegations require an evidentiary hearing to determine whether the due process requirements in the adoption proceedings
were met. White v. Davis, 163 Colo. 122, 428 P.2d 909 (1967) (decided under former § 4-1-16, C.R.S. 1963).
19-5-204. Venue.
Statute text
A petition for adoption shall be filed in the county of residence of the petitioner or in the county in which the placement agency is located.
History
Source: L. 87: Entire title R&RE, p. 806, § 1, effective October 1.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-1-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
19-5-205. Adoption decree of foreign country approved.
Statute text
(1) (a) A petition seeking a decree declaring valid an adoption granted by a court of any country other than the United States of America may be filed at
any time by residents of the state of Colorado.
(b) The petition shall contain all information required in section 19-5-207 (2); except that the court shall not require the petition to contain or be accompanied
by the written consent described in section 19-5-207 (1), the written home study report described in section 19-5-207 (2) (a), the fees described in section
19-5-207.5 (4), or a written legal memorandum with specific references to the applicable law of the foreign country.
(2) The court shall issue a decree declaring valid an adoption granted by a court of competent jurisdiction or other authorized individual or entity of
a country other than the United States of America upon a finding that:
(a) At the time the petition is filed, the petition contains a verified statement that at least one of the adopting parents is a citizen and resident of
the state of Colorado or other evidence that at least one of the adopting parents is a citizen and resident of the state of Colorado;
(b) The original or a certified copy of a valid foreign adoption decree, together with a notarized translation, is presented to the court; and
(c) The child is either a permanent resident or a naturalized citizen of the United States. A photocopy of the child's resident alien card issued by the
immigration and naturalization service of the United States department of justice, or any successor entity, shall be sufficient evidence that the child
is either a permanent resident or a naturalized citizen of the United States.
(2.5) The adopting parties filing a petition pursuant to this section shall not be required to be represented by an attorney.
(3) Any decree issued pursuant to this section shall have the same legal effect as any decree of adoption issued by the court.
History
Source: L. 87: Entire title R&RE, p. 806, § 1, effective October 1. L. 97: (1)(b) and (2) amended and (2.5) added, p. 1162, § 5, effective
July 1. L. 99: (1)(b) amended, p. 1024, § 5, effective May 29.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-107.5 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "Lawful Permanent Residence and Citizenship for the Adopted Foreign Child", see 15 Colo. Law. 2207 (1986).
19-5-205.5. Nonpublic agency interstate and foreign adoptions - legislative declaration - authority for department to select agencies.
Statute text
(1) The general assembly finds that timely processing of adoptions is in the best interests of the children being adopted. It is therefore the intent of
the general assembly to expedite permanency for those children who are being adopted. It is the purpose of this section to promote timely processing of
nonpublic agency interstate and foreign adoptions while increasing the department of human services' capacity to utilize existing staff to perform other
child welfare functions.
(2) (a) The department is authorized to select nonpublic, licensed child placement agencies authorized to handle adoptions or nonpublic agencies that meet
the qualifying criteria to be licensed child placement agencies pursuant to article 6 of title 26, C.R.S., and any implementing rules or regulations promulgated
by the department for the provision of services to individuals seeking assistance in nonpublic agency interstate or foreign adoption cases pursuant to this
part 2. The department shall, by rule, establish qualifying criteria by which such nonpublic agencies shall be selected for this purpose.
(b) The department shall further promulgate rules creating standards by which the department may evaluate the delivery of services by the selected nonpublic
agencies and identifying the services and functions to be rendered by the nonpublic agencies selected pursuant to paragraph (a) of this subsection (2) including,
but not limited to, the following:
(I) The review of all background information concerning the birth parents and individual case material on the adopting family's assessment;
(II) The review of all legal documents related to the relinquishment or termination of the birth parents' rights;
(III) The review of all birth and medical information;
(IV) The review of correspondence with the immigration and naturalization service in the United States department of justice in foreign adoptions;
(V) The review of the child's social history, legal documents, medical information, and birth certificate in foreign adoption cases in which the child is
to be placed in Colorado;
(VI) The provision of relinquishment counseling;
(VII) The promotion of permanent plans for the adopted child;
(VIII) The agency's compliance with federal and Colorado laws, including, but not limited to, the "Interstate Compact on Placement of Children"
as set forth in part 18 of article 60 of title 24, C.R.S.;
(IX) The timeliness of the provision of services; and
(X) The overall protection of the child being adopted.
(3) (a) Nonpublic agencies may charge reasonable and necessary fees and costs to defray the direct and indirect expenses associated with the provision of
nonpublic agency interstate and foreign adoption services associated with the statutorily required review and approval of interstate and foreign adoptive
placements. Pursuant to section 19-5-208 (4), all fees and costs charged for services associated with the review and approval of interstate and foreign
adoptions shall be separately specified in the expenses listed for the court's review as required.
(b) The department of human services shall, by rule, establish guidelines for the fees and costs which such nonpublic agencies selected pursuant to subsection
(2) of this section may charge for the delivery of such services.
(4) All interstate and foreign adoptions in Colorado made by the court, the county departments of social services, or licensed child placement agencies
shall be pursuant to section 19-5-206 (1).
(5) For purposes of this section, "nonpublic agency interstate and foreign adoption" is defined in section 19-1-103 (81).
History
Source: L. 94: Entire section added, p. 1200, § 1, effective July 1. L. 96: (4) amended, p. 84, § 10, effective March 20. L. 97: (2)(a), IP(2)(b),
and (2)(b)(I) amended and (5) added, p. 1162, § 6, effective July 1.
19-5-206. Placement for purposes of adoption.
Statute text
(1) No placement of any child legally available for adoption under section 19-5-203 (1) (a), (1) (b), (1) (c), or (1) (g) shall be made for the purposes
of adoption except by the court pursuant to section 19-5-104 (2), the county department of social services, or a licensed child placement agency.
(2) (a) Birth parent or parents may designate a specific applicant with whom they may wish to place their child for purposes of adoption. After assessment
and approval of the potential adoptive parents and subsequent relinquishment of the child, the court shall grant guardianship of the child to a person or
agency described in section 19-5-104 (1) until finalization of adoptive placement. A county department may provide adoption services to birth parents who
request designated adoption only in cases in which the county has legal custody of the child prior to the filing of the petition to relinquish. All requirements
and provisions of this article pertaining to relinquishment and adoption shall apply to designated adoptions.
(b) The court may waive the assessment and approval requirements of paragraph (a) of this subsection (2) in cases where the birth parent or parents have
designated the child's grandparent, aunt, uncle, brother, or sister as the person with whom they wish to place their child for purposes of adoption. The
court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.
(c) The court may waive the assessment and approval of the potential adoptive parents in cases involving kinship or custodial adoption or may determine
and order what kind of information or written report it deems necessary, including an abbreviated home study or home evaluation. The court may proceed to
finalize such adoptive placement upon finding that the placement is in the best interests of the child.
(3) Consideration given to the racial background of a child legally available for adoption in placing such child with an adopting family shall not delay
the placement of the child due to attempts to assure racial resemblance between the child and the adopting family.
History
Source: L. 87: Entire title R&RE, p. 807, § 1, effective October 1. L. 89: (2) amended, p. 938, § 2, effective March 21. L. 94: (2) amended,
p. 71, § 1, effective March 15; (3) added, p. 673, § 2, effective July 1. L. 99: (2) amended, p. 1063, § 4, effective June 1.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "Adoption Procedures of Minor Children in Colorado", see 12 Colo. Law. 1057 (1983). For article, "Substantive Changes
in Adoption and Relinquishment Law in Colorado", see 16 Colo. Law. 2183 (1987).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Welfare departments and placement agencies not solely authorized to place adoptive children. Inasmuch as the general assembly has granted the court exclusive
jurisdiction over adoptions, has expressly authorized adoptive placement, and has given the court the final and sole responsibility of approving or disapproving
adoptions, it would be totally inconsistent to conclude that the welfare department or licensed placement agencies are the sole entities authorized to place
a child for adoption following termination of parental rights. People in Interest of M.D.C.M., 34 Colo. App. 91, 522 P.2d 1234 (1974).
19-5-207. Written consent and home study report for public adoptions.
Statute text
(1) When a child is placed for adoption by the county department of social services, a licensed child placement agency, or an individual, such department,
agency, or individual shall file, with the petition to adopt, its written and verified consent to such adoption in addition to any notices received or sent
pursuant to the terms of the "Interstate Compact on Placement of Children" set forth in part 18 of article 60 of title 24, C.R.S.
(2) In all petitions for adoption, whether by the court, the county department of social services, or child placement agencies, in addition to such written
consent, the court shall require a written home study report from the county department of social services, the designated qualified individual, or the
child placement agency approved by the state department of human services pursuant to section 19-5-207.5 (2) showing the following:
(a) The physical and mental health, emotional stability, and moral integrity of the petitioner and the ability of the petitioner to promote the welfare
of the child; but no physical examination shall be required of any person who in good faith relies upon spiritual means or prayer in the free exercise of
religion to prevent or cure disease unless there is reason to believe such person's physical condition is such that he or she would be unable to take care
of such child;
(b) Confirmation that the petitioner has participated in adoption counseling if the court deems appropriate. The counseling may address the permanence of
the decision, the impact of the decision on the adopting parent and the adopting parent's family now and in the future, and the issues that may arise in
the event that the adoptee at some time in the future desires to contact the relinquishing parent.
(c) The physical and mental condition of the child;
(d) The child's family background, including the names of parents and other identifying data regarding the parents, if obtainable;
(e) Reasons for the termination of the parent-child legal relationship;
(f) The suitability of the adoption of this child by this petitioner and the child's own disposition toward the adoption in any case in which the child's
age makes this feasible; and
(g) The length of time the child has been in the care and custody of the petitioner.
(2.5) (a) (I) In all petitions for adoption, whether by the court, the county department of social services, or child placement agencies, in addition to
the written home study report described in subsection (2) of this section, the court shall require the county department of social services, the designated
qualified individual, or the child placement agency to conduct a criminal history records check for any prospective adoptive parent.
(II) For purposes of fulfilling the criminal history records check required in subparagraph (I) of this paragraph (a), the state board of human services
shall promulgate rules concerning petitions for adoption when a child is placed for adoption by the county department of social services or a child placement
agency to require each prospective adoptive parent attempting to adopt a child placed for adoption by the county department of social services or a child
placement agency to obtain fingerprint-based criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation.
The prospective adoptive parent to whom this subparagraph (II) applies shall be responsible for the cost of the criminal history record checks.
(III) For purposes of fulfilling the criminal history records check required in subparagraph (I) of this paragraph (a), a prospective adoptive parent, other
than a prospective adoptive parent specified in subparagraph (II) of this paragraph (a), shall obtain fingerprint-based criminal history record checks through
the Colorado bureau of investigation and the federal bureau of investigation. A prospective adoptive parent to whom this subparagraph (III) applies shall
be responsible for providing a complete set of fingerprints to the Colorado bureau of investigation and for obtaining the fingerprint-based criminal history
record checks. The prospective adoptive parent shall also be responsible for the cost of the criminal history record checks.
(IV) A prospective adoptive parent described in subparagraph (III) of this paragraph (a) shall be responsible for presenting the results of his or her fingerprint-based
criminal history record checks to the court for review by the court. The county department of social services or the child placement agency, as may be appropriate,
shall report to the court any case in which a fingerprint-based criminal history record check reveals that the prospective adoptive parent who is attempting
to adopt a child placed for adoption by a county department of social services or child placement agency was convicted at any time of a felony or misdemeanor
in one of the following areas:
(A) Child abuse or neglect;
(B) Spousal abuse;
(C) Any crime against a child;
(D) Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section
18-6-800.3, C.R.S.;
(E) Violation of a protection order, as described in section 18-6-803.5, C.R.S.;
(F) Any crime involving violence, rape, sexual assault, or homicide; or
(G) Any felony physical assault or battery conviction or felony drug-related conviction within, at a minimum, the past five years.
(b) No person convicted of a felony offense specified in subparagraph (IV) of paragraph (a) of this subsection (2.5) shall be allowed to adopt a child.
(c) In addition to the fingerprint-based criminal history record check, the county department of social services, the individual, or the child placement
agency conducting the investigation shall contact the state department of human services to determine whether the prospective adoptive parent or parents
have been found to be responsible in a confirmed report of child abuse or neglect.
(d) The state board of human services shall promulgate rules setting forth the procedures for the fingerprint-based criminal history record check and the
report to the court described in paragraph (a) of this subsection (2.5).
(3) In proposed relative adoptions, the court shall review the report prepared pursuant to subsection (2) of this section. The court may order further assessment
if the court deems it necessary.
(4) Any party to the adoption proceeding may be entitled to see the report required by subsection (2) of this section; except that the names of parents
and adoptive parents and any means of identifying either shall not be made available except upon order of the court.
(5) to (7) (Deleted by amendment, L. 99, p. 1018, § 1, effective May 29, 1999.)
(8) If a court orders a county department of social services to counsel a birth parent concerning relinquishment of a child pursuant to the provisions of
sections 19-5-103 and 19-5-104, the county department shall charge a fee to meet the full cost of the counseling.
(9) If the child is being placed in an adoptive home by a licensed child placement agency, such agency shall file an affidavit with the court stating that
the agency's license is in good standing with the department. A licensed child placement agency involved in an adoption proceeding pursuant to this article
shall immediately notify the court in writing of any suspension, revocation, or denial of its license or of any disciplinary action taken against the agency
by the state of Colorado. Failure of the agency to provide such notification shall be a class 3 misdemeanor punishable by a fine of five thousand dollars.
The department shall, by rule, adopt a mechanism by which a child placement agency shall notify the court of any disciplinary action against the agency.
History
Source: L. 87: Entire title R&RE, p. 807, § 1, effective October 1. L. 89: (1) amended, p. 939, § 3, effective March 21. L. 94: (5) and (6)
amended, p. 2688, § 212, effective July 1. L. 97: Entire section amended, p. 1163, § 8, effective July 1. L. 98: (2.5) added and (6) amended,
p. 1423, §§ 10, 11, effective July 1. L. 99: IP(2), (2.5)(a), and (5) to (7) amended, p. 1018, § 1, effective May 29. L. 2001: (2.5) amended,
p. 851, § 13, effective June 1. L. 2003: (2.5)(a) amended, p. 1016, § 29, effective July 1; (2.5)(a) amended, p. 1407, § 13, effective January
1, 2004. L. 2005: (2.5) amended, p. 584, § 1, effective May 26.
Annotations
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are
similar to those contained in 19-4-109 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (2.5)(a) by House Bill 03-1117 and House Bill 03-1211 were harmonized.
(3) Section 3 of chapter 165, Session Laws of Colorado 2005, provides that amendments to subsection (2.5) shall take effect only if House Bill 05-1264 is
enacted and becomes law, the final fiscal impact statement prepared by the legislative council staff reflects that the estimated decrease in state cash
fund revenues resulting from House Bill 05-1264 is equal to or greater than the estimated increase in state cash fund revenues resulting from House Bill
05-1093, and the staff director of the joint budget committee files written notice with the revisor of statutes of that fact. House Bill 05-1264 was enacted
and became law, and on June 27, 2005, the staff director of the joint budget committee filed written notice with the revisor of statutes that the final
fiscal impact statement prepared by the legislative council staff reflects that the estimated decrease in state cash fund revenues resulting from House
Bill 05-1264 is greater than the estimated increase in state cash fund revenues resulting from House Bill 05-1093.
Annotations
Cross references: For the legislative declaration contained in the 2001 act amending subsection (2.5), see section 1 of chapter 241, Session Laws of Colorado
2001. For the legislative declaration contained in the 2003 act amending subsection (2.5)(a), see section 1 of chapter 196, Session Laws of Colorado 2003.
Annotations
ANNOTATION
Annotations
Am. Jur.2d. See 2 Am. Jur.2d, Adoption, §§ 65, 93, 111.
C.J.S. See 2 C.J.S., Adoption of Persons, §§ 46, 53.
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Agency alone can consent after relinquishment. If there has been a relinquishment, then in proceedings for the adoption of the relinquished child, the agency
to which the child has been relinquished is the only one that can consent. Batton v. Massar, 149 Colo. 404, 369 P.2d 434 (1962).
Proof of abandonment does not assure adoption for the persons seeking to adopt. They may not qualify as adoptive parents because of lack of proof of financial
ability, lack of moral qualities, or numerous other deficiencies. Johnson v. Black, 137 Colo. 119, 322 P.2d 99 (1958).
19-5-207.3. Placement of sibling groups.
Statute text
(1) When a child is placed for adoption by the county department, if the child is part of a sibling group, as defined in section 19-1-103 (98.5), the county
department shall include in the adoption report prepared for the court, the names and current physical custody and location of any siblings of the child
who are also available for adoption; except that the names of children, parents, caretakers, and adoptive parents and any means of identifying such persons
shall not be made available to any party to the adoption proceeding except upon order of the court or as otherwise permitted by law.
(2) If the child is part of a sibling group, the county department shall make thorough efforts to locate a joint placement for all of the children in the
sibling group who are available for adoption. If the county department locates an appropriate, capable, willing, and available joint placement for all of
the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the
children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in
the best interests of a child or of the children.
(3) If the child is part of a sibling group, as defined in section 19-1-103 (98.5), and is being placed for adoption by a child placement agency in either
a circumstance involving siblings who are the result of a multiple birth or a circumstance in which a parent has relinquished parental rights to the children
to a child placement agency, the child placement agency shall make thorough efforts to locate a joint placement for all of the children in the sibling group
who are available for adoption. If the child placement agency locates an appropriate, capable, willing, and available joint placement for all of the children
in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such
presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests
of a child or of the children. If an entire sibling group is not placed together in an adoptive placement, the child placement agency shall place as many
siblings of the group together as possible, considering their relationship and the best interests of each child.
(4) Consideration of the placement of children together as a sibling group shall not delay the efforts for expedited permanency planning or permanency planning
in order to achieve permanency for each child in the sibling group.
History
Source: L. 2000: Entire section added, p. 477, § 7, effective July 1. L. 2003: (2) and (3) amended, p. 2628, § 10, effective June 5.
19-5-207.5. Legislative declaration - standardized home studies - adoptive family resource registry - rules.
Statute text
(1) Legislative declaration. (a) (I) The general assembly hereby finds that there are a growing number of children in the legal custody of the county departments
of social services who are the victims of physical or sexual abuse, neglect, or abandonment and who are awaiting permanent placement in safe, loving, and
nurturing adoptive homes. The general assembly further finds that with the expedited permanency procedures that have been established and with the enactment
of legislation implementing the federal "Adoption and Safe Families Act of 1997", Public Law 105-89, it is anticipated that the number of children
available for adoption will continue to increase dramatically and that there will be a corresponding increased need to identify statewide those families
that are willing and qualified to adopt these needy children.
(II) The general assembly finds that, although the county departments of social services have made admirable efforts in assessing and reporting on the qualifications
of families interested in adopting, there is a need to make the valuable resource of such qualified families more available and accessible to all counties
in the state in order to satisfy the growing need for suitable adoptive families.
(b) Accordingly, the general assembly determines that it is appropriate and desirable for the department to aid the county departments of social services
in their efforts to achieve permanency for children in their legal custody who are available for adoption by making accessible to such county departments
a statewide adoptive family resource registry of families who are qualified for and desirous of adopting children with special needs. Toward that end, the
general assembly further determines that it would be beneficial to such children and families for the department to develop an approved vendor list of qualified
home study providers by region, standardized investigation criteria, and minimum uniform adoptive home study report standards in order to achieve more timely
adoptive placements, to reduce the burden associated with the adoption process, and to avert the possibility of failed adoptions.
(2) Approved vendor lists for home studies. (a) In order to achieve greater access to qualified families seeking to adopt children, to expedite permanency
placement for children available for adoption, and to obtain reliable, high-quality assessments of families that can result in permanent and healthy placements,
the department shall develop an approved vendor list of county departments, individuals, and child placement agencies qualified to prepare the home study
reports in public adoptions as required by section 19-5-207 (2).
(b) (I) On or before January 1, 2000, the department shall issue a public request for applications from county departments of social services, individuals,
and child placement agencies desirous of conducting investigations and preparing written home study reports for prospective public adoptions in specified
counties or geographic regions. The department shall review the applications it receives and shall determine which applicants meet the qualifying criteria
identified by the state board of human services pursuant to subparagraph (II) of this paragraph (b). Each county department of social services, individual,
or child placement agency that meets the qualifying criteria shall be placed on the approved vendor list of home study report providers.
(II) The state board of human services shall promulgate rules identifying the qualifying criteria that county departments of social services, individuals,
and child placement agencies must meet in order to qualify as an approved vendor pursuant to this paragraph (b) for the purpose of conducting adoptive investigations
and preparing home study reports. All county departments of social services, qualified individuals, and child placement agencies that submit applications
to the department and that meet the qualifying criteria shall be selected to perform home studies and, once such county departments, individuals, or agencies
have been approved by the department pursuant to this paragraph (b), they shall be available to perform home studies in the specified county or region.
(c) All qualified county departments of social services, individuals, and child placement agencies approved by the department to conduct home studies pursuant
to paragraph (b) of this subsection (2) shall prepare their home study reports in compliance with the minimum uniform standards prescribed by rule of the
state board as described in subsection (3) of this section and any other additional criteria and standards established by a particular county pursuant to
paragraph (b) of subsection (3) of this section.
(d) Each qualified county department of social services, individual, or child placement agency approved by the department may promote the adoption of available
children through a public information campaign directed at educating and informing the public about the need for safe and healthy adoptive families. Regional
educational campaigns shall be encouraged.
(e) All qualified county departments of social services, individuals, and child placement agencies approved by the department pursuant to this subsection
(2) may participate in the statewide training provided by the department.
(3) Standards for home studies. (a) The state board of human services shall promulgate rules identifying the criteria for the investigation and the minimum
uniform standards for the home study reports with which the qualified county departments of social services, individuals, or child placement agencies approved
by the department shall comply. The criteria shall include, but shall not be limited to:
(I) The quality standards that the county department of social services, the individual, or the child placement agency must achieve;
(II) The time frames within which the county department of social services, the individual, or the child placement agency must complete the investigations
and home study reports; and
(III) The capacity of the county department of social services, the individual, or the child placement agency to assess the abilities of prospective adoptive
families to meet the needs of a child with special needs.
(b) Nothing in this section shall prohibit a county department of social services from establishing additional criteria and standards that a county department
of social services, an individual, or a child placement agency shall meet in preparing a home study report.
(4) Fees for investigations and home studies. (a) (I) Any person who, by his or her own request or by order of the court as provided in section 19-5-209,
is the subject of a home study report and investigation conducted pursuant to section 19-5-207 by a county department of social services, an individual,
or a child placement agency shall be required to pay, based on an ability to pay, the cost of such report and investigation.
(II) In public adoptions, the state board of human services shall promulgate rules establishing the maximum amount that a county department of social services,
an individual, or a child placement agency may charge a prospective adoptive family for the investigation, criminal records check, and home study report
required pursuant to section 19-5-207.
(III) The county department of social services may waive the fee established pursuant to this subsection (4) if the fee poses a barrier to the adoption
of a child for whom a county department of social services has financial responsibility.
(b) (I) In addition to the fee specified in paragraph (a) of this subsection (4), if the county department of social services has not placed a child available
for a public adoption with a family who is the subject of an investigation and home study report after six months, then the county shall refer the family
and the home study report for such family to the adoptive family resource registry established pursuant to subsection (5) of this section if there is written
consent pursuant to subparagraph (I) of paragraph (c) of subsection (5) of this section. Prior to referral of a prospective adoptive family to the adoptive
family resource registry, the prospective adoptive family shall be assessed and shall pay a nonrefundable administrative fee in an amount to be determined
by rule of the state board of human services. A family shall not be assessed the fee described in this paragraph (b) if the family is not referred to the
adoptive family resource registry.
(II) The department or the contractor selected by the department to administer the adoptive family resource registry shall collect the administrative fee
established by rule of the state board of human services pursuant to subparagraph (I) of this paragraph (b) and apply the revenue from said fees to offset
the costs incurred for the administration of the adoptive family resource registry.
(III) Nothing in this paragraph (b) shall be construed to prevent a county from referring a family to the adoptive family resource registry before the six
month period has lapsed.
(5) Adoptive family resource registry. (a) Subject to available funds as specified in subparagraph (III) of paragraph (b) of this subsection (5), the department
shall establish a statewide adoptive family resource registry that county departments of social services may access to determine the availability of qualified
families seeking to adopt a child in the custody of a county department of social services. The department is authorized to contract with a public or private
entity for the provision of this service.
(b) (I) The executive director of the department is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any
private or public source for the purpose of establishing the statewide adoptive family resource registry; except that no gift, grant, or donation shall
be accepted if the conditions attached thereto require the expenditure thereof in a manner contrary to law.
(II) The executive director of the department is authorized to apply for a federal waiver, if necessary, to authorize the use of federal grant moneys to
implement this section.
(III) No general fund moneys shall be expended for the establishment of the adoptive family resource registry. The adoptive family resource registry shall
be established only upon the receipt of sufficient grants, gifts, and donations pursuant to subparagraph (I) of this paragraph (b).
(c) (I) No home study report, or any other information concerning a person interested in a public adoption shall be submitted to the adoptive family resource
registry without such person's written consent.
(II) The state board of human services shall promulgate rules specifying the limited amount of nonidentifying data concerning a person interested in a public
adoption that shall be available to county departments of social services on the internet through the adoptive family resource registry.
(III) The state board of human services shall promulgate rules identifying the standards and procedures with which the department or the contractor selected
by the department to administer the adoptive family resource registry shall comply in order to preserve the confidentiality and privacy of the prospective
adoptive family as much as possible.
History
Source: L. 99: Entire section added, p. 1019, § 2, effective May 29.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "Achieving Safe, Permanent Homes for Colorado Children", see 31 Colo. Law. 37 (October 2002).
19-5-208. Petition for adoption.
Statute text
(1) The petition for adoption shall be filed not later than thirty days after the date on which the child is first placed in the home of the adoptive applicants
for the purpose of adoption unless the court finds that there was reasonable cause or excusable neglect for not filing the petition. The court shall then
fix a date for the hearing.
(2) Every petition for adoption of a child shall be verified by the petitioner and shall be entitled substantially as follows: "In the matter of the
petition of .......... for the adoption of a child." It shall contain:
(a) The name, date and place of birth, race, and place of residence of each petitioner, including the maiden name of the adopting mother, and the date of
marriage, if any, of the petitioners;
(b) The name, date and place of birth, and place of residence, if known by the petitioner, of the child to be adopted;
(c) The relationship, if any, of the child to the petitioner;
(d) The full name by which the child shall be known after adoption;
(e) The full description of the property, if any, of the child;
(f) The names of the parents of the child, and the address of each living parent, if known to the petitioner;
(g) The names and addresses of the guardian of the person and the guardian of the estate of the child, if any have been appointed;
(h) The name of the agency or person to whom the custody of the child has been given by proper order of court;
(i) The length of time the child has been in the care and custody of the petitioner;
(j) Names of other children, both natural and adopted and both living and dead, of the adopting parents;
(k) The residence and occupation of each petitioner at or about the time of the birth of the child.
(2.5) (a) Pursuant to the provisions of section 19-1-126, the petition for adoption shall:
(I) Include a statement indicating what continuing inquiries the county department of social services or child placement agency has made in determining
whether the child who is the subject of the proceeding is an Indian child;
(II) Identify whether the child is an Indian child; and
(III) Include the identity of the Indian child's tribe, if the child is identified as an Indian child.
(b) If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section 19-1-126, the postal receipts,
or copies thereof, shall be attached to the petition for adoption and filed with the court or filed within ten days after the filing of the petition for
adoption, as specified in section 19-1-126 (1) (c).
(3) If the adoption placement is made by the county department of social services or a child placement agency, the information required in paragraphs (b)
and (f) of subsection (2) of this section shall not be included in the petition but shall be transmitted to the court as part of the home study report required
in section 19-5-207.
(4) The petition shall be accompanied by a standardized affidavit form prescribed by the judicial department disclosing any and all fees, costs, or expenses
charged or to be charged by any person or agency in connection with the adoption.
(5) In all stepparent, custodial, and kinship adoptions, the petition shall contain a statement informing the court whether the prospective adoptive parent
was convicted at any time by a court of competent jurisdiction of a felony or misdemeanor in one of the following areas: Child abuse or neglect; spousal
abuse; any crime against a child; any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic
violence, as defined in section 18-6-800.3, C.R.S.; violation of a protection order, as described in section 18-6-803.5, C.R.S.; any crime involving violence,
rape, sexual assault, or homicide; or any felony physical assault or battery. In addition, the petitioner shall attach to the petition a current criminal
history records check paid for by the petitioner.
(6) In all custodial and kinship adoptions, the petition shall contain a statement that the petitioner has consulted with the appropriate local county department
of social services concerning the possible eligibility of the petitioner and the child for temporary assistance for needy families (TANF), medicaid, subsidized
adoption and other services or public assistance administered by the county department of social services.
History
Source: L. 87: Entire title R&RE, p. 808, § 1, effective October 1. L. 97: (4) amended, p. 1165, § 9, effective July 1. L. 99: (3) amended,
p. 1025, § 8, effective May 29; (5) and (6) added, p. 1063, § 5, effective June 1. L. 2002: (2.5) added, p. 788, § 9, effective May 30. L.
2004: (5) amended, p. 328, § 1, effective July 1.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-110 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
Cross references: For the legislative declaration contained in the 2002 act enacting subsection (2.5), see section 1 of chapter 217, Session Laws of Colorado
2002.
Annotations
ANNOTATION
Annotations
Am. Jur.2d. See 2 Am. Jur.2d, Adoption, § 114.
C.J.S. See 2 C.J.S., Adoption of Persons, §§ 81, 82.
Law reviews. For article, "One Year Review of Criminal Law and Procedure", see 36 Dicta 34 (1959). For article, "The Adoption of Children
in Colorado", see 37 Dicta 100 (1960). For article, "Adoption Procedures of Minor Children in Colorado", see 12 Colo. Law. 1957 (1983). For
article, "Colorado Moves Toward Full Compliance With Federal Indian Child Welfare Act", see 31 Colo. Law. 77 (November 2002).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Trial court may reduce claimed attorney fees when they are excessive. People in Matter of K.M.K., 780 P.2d 43 (Colo. App. 1989).
The status of the record at the time the petition for adoption is filed determines the steps to be taken, the consents required, and the persons to be served
with citation or notice. Storey v. Shumaker, 131 Colo. 131, 279 P.2d 1057 (1955) (decided under former CSA, C. 4, § 11).
19-5-209. Petition - written home study reports.
Statute text
(1) Except for stepparent adoptions, kinship adoptions, custodial adoptions, and those cases in which placement for adoption has been made by the court,
if a petition for the adoption of a child is not accompanied by the written consent and home study report of the qualified county department of social services,
individual, or a licensed child placement agency approved by the state department of human services pursuant to section 19-5-207.5 (2), the court shall
order the county department of social services, individual, or licensed child placement agency to make an investigation and file a written home study report
substantially in the form outlined in section 19-5-207 (2), including a recommendation as to whether the adoption should be decreed.
(2) In adoptions where a child placement agency or county department has legal guardianship during the interval between initial placement and the final
order of adoption, the child placement agency or county department shall supervise the placement with prospective adoptive parents and the child. The court,
after notice to all parties in interest and hearing thereon, may, for good cause, terminate said placement if, at any time prior to the final decree of
adoption, it appears to the court that said adoption is not in the best interest of the child.
History
Source: L. 87: Entire title R&RE, p. 809, § 1, effective October 1. L. 99: (1) amended, p. 1023, § 3, effective May 29; (1) amended, p. 1064,
§ 6, effective June 1.
Annotations
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are
similar to those contained in 19-4-111 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (1) by House Bill 99-1218 and House Bill 99-1299 were harmonized.
Annotations
ANNOTATION
Annotations
C.J.S. See 2 C.J.S., Adoption of Persons, § 53.
Law reviews. For article, "Substantive Changes in Adoption and Relinquishment Law in Colorado", see 16 Colo. Law. 2183 (1987).
19-5-210. Hearing on petition.
Statute text
(1) A hearing on the petition for adoption shall be held on the date set or the date to which the matter has been regularly continued.
(1.5) Except in stepparent, custodial, or kinship adoptions, the court shall issue a certificate of approval of placement, placing the child's custodial
care with prospective adoptive parents pending final hearing on the petition for adoption, if it appears to the court that the placement for adoption is
in the best interest of the child.
(2) In stepparent, custodial, or kinship adoptions, the court shall hold a hearing on the petition as soon as possible. In all other adoptions, the court
shall hold a hearing on the petition no sooner than six months after the date the child begins to live in the prospective adoptive parent's home, unless
for good cause shown that time is extended or shortened by the court. At the hearing held on the petition, the court shall enter a decree setting forth
its findings and grant to the petitioner a final decree of adoption if it is satisfied as to:
(a) The availability of the child for adoption;
(b) The good moral character, the ability to support and educate the child, and the suitableness of the home of the person adopting such child;
(b.5) The criminal records check of the prospective adoptive parent as reported to the court by the county department of social services or the child placement
agency pursuant to section 19-5-207 (2.5) or the information provided to the court pursuant to section 19-5-208 (5) does not reveal a criminal history described
in 19-5-207 (2.5) (a);
(c) The mental and physical condition of the child as a proper subject for adoption in said home;
(d) The fact that the best interests of the child will be served by the adoption; and
(e) If the child is part of a sibling group, whether it is in the best interests of the child to remain in an intact sibling group. If the county department
or child placement agency locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall
be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted
by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.
The judge shall review the family services plan document regarding placement of siblings.
(3) The former name of the child shall not be stated in the final decree of adoption.
(4) If, after the hearing, the court is not satisfied as to the matters listed in subsection (2) of this section, the petition for adoption may be either
continued or dismissed in the discretion of the court. The court shall not grant the decree of final adoption if it determines that the prospective adoptive
parent was convicted at any time by a court of competent jurisdiction of a felony in one of the following areas: Child abuse or neglect; spousal abuse;
any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, excluding other physical assault or battery. For stepparent,
kinship, or custodial adoptions, in addition to not granting a decree of final adoption in circumstances involving the felony convictions listed in this
subsection (4), the court shall not grant the decree of final adoption if it determines that the prospective adoptive parent was convicted of a felony for
physical assault or battery that was committed within the past five years.
(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), all hearings with reference to adoption shall be closed to the public and,
in the discretion of the court, to any child who is the subject of adoption and who is under twelve years of age, but the court may interview the child
whenever it deems it proper.
(b) Upon motion by any party to an adoption or upon the court's own motion, the court may order that an adoption hearing be opened to the public or to the
child who is, or the children who are, the subject of the adoption if the court finds that opening the hearing is in the best interests of the child who
is, or the children who are, the subject of the adoption hearing and the court finds that the potential adoptive parents have consented to an open hearing.
(6) In a stepparent adoption, in addition to issuing a final decree of adoption, the court shall enter an order terminating the other parent's parental
rights. In a custodial or kinship adoption, in addition to issuing a final decree of adoption, the court shall enter an order terminating the parental rights
of the child's parents.
(7) In cases involving the adoption of a child who is part of a sibling group, but who is not being adopted with his or her siblings, in addition to issuing
a final decree of adoption, if the adoptive parents are willing, the court may encourage reasonable visitation among the siblings when visitation is in
the best interests of the child or the children. The court shall review the record and inquire as to whether the adoptive parents have received counseling
regarding children in sibling groups maintaining or developing ties with each other.
History
Source: L. 87: Entire title R&RE, p. 809, § 1, effective October 1. L. 97: IP(2) amended, p. 1165, § 10, effective July 1. L. 98: (2) and
(4) amended, p. 1423, § 12, effective July 1. L. 99: Entire section amended, p. 1064, § 7, effective June 1. L. 2000: (2) amended and (7) added,
p. 478, § 8, effective July 1. L. 2003: (2)(e) amended, p. 2628, § 11, effective June 5. L. 2005: IP(2) and (5) amended, p. 94, § 4, effective
March 31.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
ANNOTATION
Annotations
Am. Jur.2d. See 2 Am. Jur.2d, Adoption, §§ 117-120.
C.J.S. See 2 C.J.S., Adoption of Persons, §§ 93-102.
Law reviews. For article, "The 1951 Amendments to the Relinquishment and Adoption Laws", see 28 Dicta 227 (1951). For article, "One Year
Review of Domestic Relations", see 34 Dicta 108 (1957). For article, "The Adoption of Children in Colorado", see 37 Dicta 100 (1960). For
article, "Adoption Procedures of Minor Children in Colorado", see 12 Colo. Law. 1057 (1983).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Substantial compliance with statutory requirements necessary. These proceedings are statutory and as they affect substantial rights there must be a substantial
compliance with the provisions of the legislative enactment. Such a compliance must appear of record and before acting on a petition in adoption the trial
court should ascertain that the consents and notices necessary to confer jurisdiction were filed. Storey v. Shumaker, 131 Colo. 131, 279 P.2d 1057 (1955)
(decided under former CSA, C. 4, § 15).
Standard for determining custody, guardianship, and adoption is "best interests and welfare" of the child. People in Interest of A.D., 706 P.2d
7 (Colo. App. 1985).
Weight to be accorded to testimony and opinions of child psychiatrist and social worker is within sound discretion of the trier of fact. People in Interest
of A.D., 706 P.2d 7 (Colo. App. 1985).
Concerns of unmarried parents who relinquished their rights are relevant to the court's consideration of placement with the grandparents. People in Interest
of A.D., 706 P.2d 7 (Colo. App. 1985).
Trial court's findings supported by evidence binding on appeal. Where the record contains evidence which supports the findings of the trial court that it
is not in the best interest of the child to proceed with adoption, those findings are binding on appeal. In re J.A.A. v. C.R., 618 P.2d 742 (Colo. App.
1980).
In determining whether termination and adoption would be in the best interests of the child, the court may consider, among other factors: Family stability;
the present and future effects of adoption, including the detrimental effects of termination; the child's emotional ties to and interaction with the parties;
the child's adjustment to the living situation; the child's age; and the mental and physical health of the parties, and where trial court's factual determinations
concerning these factors are supported by the evidence, they will not be disturbed. In re Petition of J.D.K., 37 P.3d 541 (Colo. App. 2001).
19-5-211. Legal effects of final decree.
Statute text
(1) After the entry of a final decree of adoption, the person adopted shall be, to all intents and purposes, the child of the petitioner. He shall be entitled
to all the rights and privileges and be subject to all the obligations of a child born in lawful wedlock to the petitioner.
(1.5) An employer who permits paternity or maternity time off for biological parents following the birth of a child shall, upon request, make such time
off available for individuals adopting a child. If the employer has established a policy providing time off for biological parents, that period of time
shall be the minimum period of leave available for adoptive parents. Requests for additional leave due to the adoption of an ill child or a child with a
disability shall be considered on the same basis as comparable cases of such complications accompanying the birth of such a child to an employee or employee's
spouse. Any other benefits provided by the employer, such as job guarantee or pay, shall be available to both adoptive and biological parents on an equal
basis. An employer shall not penalize an employee for exercising the rights provided by this subsection (1.5). The provisions of this subsection (1.5) shall
not apply to an adoption by the spouse of a custodial parent.
(2) The parents shall be divested of all legal rights and obligations with respect to the child, and the adopted child shall be free from all legal obligations
of obedience and maintenance with respect to the parents.
(2.5) The child shall be eligible for enrollment and coverage by any medical or dental insurance held by the prospective adoptive parents if, and on such
a basis as, such coverage would be available to a child naturally born to the prospective adoptive parents.
(3) Nothing in this part 2 shall be construed to divest any natural parent or child of any legal right or obligation where the adopting parent is a stepparent
and is married to said natural parent.
History
Source: L. 87: Entire title R&RE, p. 810, § 1, effective October 1. L. 88: (1.5) added, p. 759, § 1, effective April 13. L. 93: (1.5) amended,
p. 1638, § 26, effective July 1. L. 97: (2.5) added, p. 1165, § 11, effective July 1. L. 99: (2) amended, p. 1065, § 8, effective June 1.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-113 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
ANNOTATION
Annotations
Analysis
I. General Consideration.
II. Inheritability of Adopted Child.
I. GENERAL CONSIDERATION.
Am. Jur.2d. See 2 Am. Jur.2d, Adoption, §§ 141-146.
C.J.S. See 2 C.J.S., Adoption of Persons, §§ 103, 136.
Law reviews. For article, "Ten Years of Domestic Relations in Colorado -- 1940-1950", see 27 Dicta 399 (1950). For article, "The 1951 Amendments
to the Relinquishment and Adoption Laws", see 28 Dicta 227 (1951). For case comment, "Adoptive Sibling Marriage in Colorado: Israel v. Allen (195
Colo. 263, 577 P.2d 762 (1978))", see 51 U. Colo. L. Rev. 135 (1979).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Purpose of section. The legislative intent is to make the law affecting adopted children in respect to equality of inheritance and parental duties in pari
materia with that affecting natural children. Quintrall v. Goldsmith, 134 Colo. 410, 306 P.2d 246 (1957).
The general assembly intended to give an adopted child the legal status of a lineal descendant of the adopting parent or parents, and a child by adoption
has the same legal status as a natural child. People ex rel. Dunbar v. White, 144 Colo. 212, 355 P.2d 963 (1960); Wright v. Wysowatcky, 147 Colo. 317, 363
P.2d 1046 (1961); People v. Estate of Murphy, 29 Colo. App. 195, 481 P.2d 420 (1971).
In passing the adoption statutes, the general assembly intended to place the adopted child in the family in the same position as a natural child. In re
Ashlock, 629 P.2d 1108 (Colo. App. 1981).
Section liberally construed. While courts were formerly inclined to regard adoption statutes as in derogation of the common law and therefore to be strictly
construed, the humanitarian purposes of such statutes came to be recognized, and courts afford them a more liberal construction. Wright v. Wysowatcky, 147
Colo. 317, 363 P.2d 1046 (1961).
Definition of adoption. Adoption has been defined as the act by which relations of paternity and affiliation are recognized as legally existing between
persons not so related by nature. Graham v. Francis, 83 Colo. 346, 265 P. 690 (1928).
Adoption, in legal contemplation, is an act by which the parties thereto establish the relationship of parent and child between persons not so related by
nature, and which, in many respects, severs the natural relations existing between the child and its parents, although in a narrower sense it is restricted
to the act of the person taking the child. Johnson v. Black, 137 Colo. 119, 322 P.2d 99 (1958).
Change of custody follows from valid adoption decree. One of the legal effects of an adoption is to divest the natural parents of their custodial rights
and to grant such rights to the adoptive parents. This change of custody follows as a natural consequence of a valid adoption decree. Johnson v. Black,
137 Colo. 119, 322 P.2d 99 (1958).
The contesting natural parent is by a decree of adoption divested of all parental rights and obligations. Clerkin v. Geisendorfer, 137 Colo. 139, 323 P.2d
633 (1958).
The adoption statute deprives the natural parents of their rights and obligations to their natural children after adoption. People v. Estate of Murphy,
29 Colo. App. 195, 481 P.2d 420 (1971).
After decree of adoption, natural parents are under no legal obligation to support child. Truitt v. Indus. Comm'n, 31 Colo. App. 166, 499 P.2d 621 (1972).
General rule as reflected in this section is that an adoption decree terminates the parental rights and duties of child's natural parents and grants those
rights and duties to adoptive parents. Singular exception to general rule as set forth in section applies only in cases when adopting parent is married
to natural parent. Thus, express statements of limitation must be read to exclude from adoption statute's reach all other possible exceptions not listed.
Adoption of T.K.J., 931 P.2d 488 (Colo. App. 1996).
A stepparent adoption proceeding, like all other adoption proceedings, is concluded by a final decree of adoption. It is only when the final decree is entered
that a natural parent is divested of all rights and obligations with respect to the child. People in Interest of S.M.O., 931 P.2d 572 (Colo. App. 1996).
Husband's obligation to his adopted children rests upon him in no different way than if the children were of his own blood. In re Ashlock, 629 P.2d 1108
(Colo. App. 1981).
Parent was not divested of child support obligation based on payments that accrued prior to a final adoption decree. In addition, father was denied equitable
relief from child support obligation where record did not reflect evidence of representations upon which the father relied or that an evidentiary hearing
was requested. In re Murray, 790 P.2d 868 (Colo. App. 1989).
II. INHERITABILITY OF ADOPTED CHILD.
Law reviews. For note, "The Right of Inheritance of Adopted Children in Colorado", see 23 Rocky Mt. L. Rev. 191 (1950). For note, "Adoption
and Intestacy in Colorado", see 26 Rocky Mt. L. Rev. 65 (1953).
Inheritance is a statutory and not a vested right. Quintrall v. Goldsmith, 134 Colo. 410, 306 P.2d 246 (1957).
A legally adopted child is to all intents and purposes the child and legal heir of the person so adopting him or her, entitled to all the rights and privileges,
and subject to all the obligations of a child of such person begotten in lawful wedlock; but upon the decease of such person and the subsequent decease
of such adopted child without issue, the property of such adopting parent shall descend to his or her next of kin, and not to the next of kin of such adopted
child. Quintrall v. Goldsmith, 134 Colo. 410, 306 P.2d 246 (1957).
This section clearly declares a child by adoption to have the same legal status as a natural child born to the adopting parent or parents. People ex rel.
Dunbar v. White, 144 Colo. 212, 355 P.2d 963 (1960); Wright v. Wysowatcky, 147 Colo. 317, 363 P.2d 1046 (1961).
After adoption the adopted child becomes the heir of his adoptive parents as though born to them in lawful wedlock, and his natural parents are cut off
and neither they nor their lineage may inherit from the adopted child. As to his adoptive parents, the child becomes subject to all rights and obligations
of a child born in lawful wedlock. The relation thus established can be nothing less than that of parent and child. To say that such status is less or different
from the parent and child relationship would do violence to the clear legislative intent to create unity in the family. Wright v. Wysowatcky, 147 Colo.
317, 363 P.2d 1046 (1961).
Section confers ordinary rights of inheritance. The laws permitting the adoption of children confer on them simply the ordinary rights of inheritance. In
re Schmidt's Will, 85 Colo. 28, 273 P. 21 (1928).
Legally adopted children are entitled to inherit as fully as children of the foster parents begotten in lawful wedlock. Quintrall v. Goldsmith, 134 Colo.
410, 306 P.2d 246 (1957).
It does not affect the power of the adoptive parent to dispose of his property by will, but the adoptive parent may deprive himself of the power thus to
dispose of his property by a contract binding him to give the adopted child a certain share of his property. In re Schmidt's Will, 85 Colo. 28, 273 P. 21
(1928).
A testator cannot by will disinherit an adopted child contrary to the specific prohibition of the decree of adoption. Neville v. Bracher, 94 Colo. 550,
31 P.2d 911 (1934).
An agreement not to disinherit is supported by the consideration of the acquirement by the adoptive parents of the child's love and affection, her filial
obligations to them, a change in domestic relationship, the consent of the surviving natural parent to forever relinquish his paternal rights, and the child's
forfeiture of her rights which she enjoyed before the adoption proceedings. In re Schmidt's Will, 85 Colo. 28, 273 P. 21 (1928).
The right of inheritance conferred by statute is a reciprocal one, because it depends upon a relation that is created by the adoption under our statute.
The adopted child inherits from the adoptive parent. The relation of parent and child having been thus created, the right of the adoptive parent to inherit
is the same as was or would have been that of the natural parent. Wright v. Wysowatcky, 147 Colo. 317, 363 P.2d 1046 (1961).
Adoption decree which incorporated statutory language similar to language in this section terminated only the adopted child's obligations to her natural
father but not her right to inherit from him; therefore, the child was the heir of her intestate natural father regardless of the validity of her adoption.
Matter of Estate of Bomareto, 757 P.2d 1135 (Colo. App. 1988).
A twice adopted child cannot inherit from his first adoptive parents unless such parents have died prior to the second adoption or unless he is readopted
by his own natural parents where there is a second adoption by strangers. A child cannot logically be the adopted child of more than one set of adoptive
parents at a time. Quintrall v. Goldsmith, 134 Colo. 410, 306 P.2d 246 (1957).
19-5-212. Copies of order of adoption - to whom given.
Statute text
(1) If the court enters an order of adoption, certified copies shall be given to the adopting parents, the person or agency consenting to the adoption,
and the state registrar.
(2) The court or the adopting parents or their legal representative shall send to the state registrar an application for a birth certificate, signed by
the adoptive parents. The state registrar shall thereupon issue a new birth certificate to the child, as provided in section 25-2-113, C.R.S.
(3) If the child was born outside of Colorado, copies of the order of adoption and application for birth certificate shall be sent to the state registrar
of the state of birth and to the registrar of vital statistics in this state. If the application for a birth certificate is denied by the state registrar
in the state of birth, the adopting parents may return to the registrar in this state and apply to him to issue a new certificate of birth. The state registrar
shall issue a birth certificate upon satisfactory evidence that the adopting parents, after good-faith effort, were unable to obtain a new certificate of
birth from the state of birth.
History
Source: L. 87: Entire title R&RE, p. 810, § 1, effective October 1.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-114 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
ANNOTATION
Annotations
Law reviews. For article, "The 1951 Amendments to the Relinquishment and Adoption Laws", see 28 Dicta 227 (1951). For article, "Adoption
Procedures of Minor Children in Colorado", see 12 Colo. Law. 1057 (1983).
19-5-213. Compensation for placing child prohibited.
Statute text
(1) (a) No person shall offer, give, charge, or receive any money or other consideration or thing of value in connection with the relinquishment and adoption,
except attorney fees and such other charges and fees as may be approved by the court.
(b) No person, other than an adoption exchange whose membership includes county departments and child placement agencies, a licensed child placement agency,
or a county department, shall offer, give, charge, or receive any money or other consideration or thing of value in connection with locating or identifying
for purposes of adoption any child, natural parent, expectant natural parent, or prospective adoptive parent; except that physicians and attorneys may charge
reasonable fees for professional services customarily performed by such persons.
(c) A child who is placed by a county department in a foster care home operated by a child placement agency shall be deemed, for purposes of payment to
the child placement agency, to remain in foster care status for purposes of payment of consideration to the child placement agency until the date that the
final decree of adoption is entered or until the date that the child is returned to his or her biological parent's home, unless otherwise negotiated in
the contract between the child placement agency and the county department.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less
than one hundred dollars nor more than five hundred dollars, or by imprisonment for ninety days in the county jail, or by both such fine and imprisonment.
History
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 2005: (1) amended, p. 970, § 4, effective June 2.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-115 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Annotations
ANNOTATION
Annotations
C.J.S. See 2 C.J.S., Adoption of Persons, § 28.
Law reviews. For article, "The Adoption of Children in Colorado", see 37 Dicta 100 (1960). For article, "Adoption Procedures of Minor Children
in Colorado", see 12 Colo. Law, 1057 (1983).
Trial court may reduce claimed attorney fees when they are excessive. People in Matter of K.M.K., 780 P.2d 43 (Colo. App. 1989).
19-5-214. Limitation on annulment of adoption - best interests standard.
Statute text
(1) No final decree of adoption shall be attacked by reason of any jurisdictional or procedural defect after the expiration of ninety days following the
entry of the final decree; except that, in cases of stepparent adoption, no final decree of adoption shall be attacked by reason of fraud upon the court
or fraud upon a party, whether or not there is a jurisdictional or procedural defect, after the expiration of one year following the entry of the final
decree of adoption.
(2) When a final decree of adoption is attacked on any basis at any time, the court shall consider the best interests of the child, taking into account
the factors set forth in section 14-10-124, C.R.S. The court shall sustain the decree unless there is clear and convincing evidence that the decree is not
in the best interests of the child.
History
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 94: Entire section amended, p. 752, § 5, effective April 20; entire
section amended, p. 1198, § 2, effective May 19.
Annotations
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are
similar to those contained in 19-4-116 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to this section in House Bill 94-1042 and Senate Bill 94-5 were harmonized.
Annotations
ANNOTATION
Annotations
Am. Jur.2d. See 2 Am. Jur.2d, Adoption, § 151.
C.J.S. See 2 C.J.S., Adoption of Persons, § 134.
Law reviews. For article, "One Year Review of Domestic Relations", see 34 Dicta 108 (1957). For article, "One Year Review of Domestic Relations",
see 38 Dicta 84 (1961). For comment on White v. Davis (163 Colo. 122, 428 P.2d 909 (1967)), see 40 U. Colo. L. Rev. 151 (1967).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
Purpose of section. This section serves the beneficial purpose of curing technical defects which do not affect the basic rights of the parties and guaranteeing
to adopting parents the undisturbed relationship with the child, which was one of its legislative intents. White v. Davis, 163 Colo. 122, 428 P.2d 909 (1967).
Parties assuming the responsibilities of adoptive parents are entitled to assurance that upon adopting a child they are not also adopting a law suit. Smith
v. Welfare Dept., 144 Colo. 103, 355 P.2d 317 (1960).
Sufficiency of notice. Where a father was serving in the Navy and had notice of a dependency proceeding, his right to contest adoption decrees is barred
by this section which limits the right to challenge a valid decree to two years after entry. Olsen v. Davidson, 142 Colo. 205, 350 P.2d 338 (1960).
Although the record reveals service by publication, where the adequacy or sufficiency of such notice was strongly challenged by motion to vacate which alleged
that in support of an order authorizing service by publication the procurer of the order made a false representation that he was unaware of the whereabouts
of the natural father, it was a proper matter for evidentiary hearing by the lower court to determine whether the due process requirements in the adoption
proceedings were met. White v. Davis, 163 Colo. 122, 428 P.2d 909 (1967).
Validity of consent. Where the record is devoid of any evidence of fraud, coercion, undue influence, misrepresentation, or misconduct on the part of the
adopting parents or their attorney, and there is nothing to indicate that the mother was lacking in understanding as to the consequences of her consent
to the adoption of her children, a finding by the trial court that at the time of signing the consent the mother did not realize the seriousness and finality
of her act was insufficient to set aside the decrees of adoption. Batton v. Massar, 149 Colo. 404, 369 P.2d 434 (1962).
Applied in In re Adoption of P.H.A., 899 P.2d 345 (Colo. App. 1995).
19-5-215. Records. (Repealed)
History
Source: L. 87: Entire title R&RE, p. 811, § 1, effective October 1. L. 89: Entire section amended, p. 943, § 4, effective March 27. L. 90:
Entire section repealed, p. 1012, § 8, effective July 1.
Annotations
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar
to those contained in 19-4-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
19-5-216. Increased access for adoption - study.
Statute text
(1) (a) The department shall examine and evaluate the process of adoptive placements of children in the legal custody of the county departments of social
services and identify those aspects of the process that may be improved to achieve the ultimate goal of permanency for the greatest number of children in
safe and healthy adoptive homes. In conducting this analysis, the department should consider, but need not be limited to, the following:
(I) The best means by which to increase county accessibility to qualified families seeking to adopt and the best means by which to achieve placement of
children available for adoption with such families;
(II) Whether further automation would be conducive to the achievement of permanency of children;
(III) The need for centralization of information;
(IV) The benefits of additional standardization;
(V) The resources of other interested entities or foundations that may be available to support public adoptions;
(VI) The programs and systems developed by other states to achieve maximum access and expedited permanency for children in safe and healthy adoptive homes;
and
(VII) The methods used to reduce the number of disruptions in adoptive homes.
(b) (I) The executive director of the department is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any
private or public source for the purpose of implementing this section; except that no gift, grant, or donation shall be accepted if the conditions attached
thereto require the expenditure thereof in a manner contrary to law.
(II) The executive director of the department is authorized to apply for a federal waiver, if necessary, to authorize the use of federal grant moneys to
implement this section.
(2) Repealed.
History
Source: L. 99: Entire section added, p. 1024, § 4, effective May 29. L. 2002: (2) repealed, p. 882, § 20, effective August 7.
PART 3
ACCESS TO ADOPTION INFORMATION
19-5-301. Legislative declaration.
Statute text
(1) The general assembly hereby finds and declares that adult adoptees, adoptive parents, biological parents, and biological siblings should have a qualified
right of access to any records regarding their or their child's adoption or the adoption of their offspring or siblings and that such a qualified right
must coexist with the right of such parties to privacy and confidentiality. The general assembly also finds that an adult adoptee, his biological or adoptive
parent, or his biological sibling may desire to obtain information about each other at different points in time. Furthermore, the general assembly finds
that confidentiality is essential to the adoption process and that any procedure to access information which relates to an adoption must be designed to
maintain confidentiality and to respect the wishes of all involved parties.
(2) (a) It is the purpose of this part 3 to establish a confidential process whereby adult adoptees and adoptive parents who desire information concerning
their or their child's adoption and biological parents and siblings who desire information concerning an adult adoptee may pursue access to such information.
(b) The general assembly further finds and declares that the purpose of establishing the confidential process set forth in this part 3 is to create a pool
of individuals who the courts and interested parties may call upon to initiate a search for a biological relative. It is not the intent of the general assembly
that such process shall be construed as the regulation of an occupation or profession.
History
Source: L. 89: Entire part added, p. 940, § 1, effective March 27.
Annotations
ANNOTATION
Annotations
Actual controversy between adverse parties must exist if a court is to sua sponte address the constitutionality of a statute. Juvenile court's ruling that
this part 3 is unconstitutional was impermissible exercise of judicial authority since the issue was raised on behalf of unidentified parties that were
not before the court on court's own motion in order to create a controversy that it then proceeded to decide. In re Tomlinson, 851 P.2d 170 (Colo. 1993).
19-5-302. Definitions. (Repealed)
History
Source: L. 89: Entire part added, p. 941, § 1, effective March 27. L. 96: Entire section repealed, p. 85, § 11, effective March 20.
Annotations
Cross references: For definitions, see § 19-1-103.
19-5-303. Commission created - duties.
Statute text
(1) There is hereby created in the department the adoption intermediary commission, referred to in this section as the "commission", that shall
consist of thirteen members. The commission shall exercise its powers and perform the duties and functions specified by this part 3 as if the same were
transferred to the department by a type 1 transfer, as such transfer is defined in article 1 of title 24, C.R.S. Representation and appointment of such
members shall be as follows:
(a) Three members shall represent the judicial department and shall be appointed by the chief justice or his or her designee;
(b) Two members shall represent the department and shall be appointed by the executive director of such department or his or her designee;
(c) Three members shall represent licensed adoption agencies and shall be appointed by a representative of a private adoption agency. Such representative
shall be selected by the executive director of the department.
(d) Three members shall represent either adoptees, adoptive parents, biological parents of adoptees, or biological siblings of adoptees and shall be selected
by the executive director of the department;
(e) Two members shall represent confidential intermediaries and shall have completed training as confidential intermediaries. Such members shall be appointed
by the executive director of the department.
(2) The commission shall have responsibility for:
(a) Drafting a manual of standards for training confidential intermediaries and licensed child placement agencies that perform searches and contact persons
pursuant to section 19-5-305 (3) (b) (III);
(b) Monitoring confidential intermediary training programs and child placement agencies with search and consent programs to ensure compliance with the standards
set forth in the manual, with authority to approve or deny such programs based upon compliance with such standards;
(c) Maintaining an up-to-date list of persons who have completed training as confidential intermediaries or as persons who conduct searches for child placement
agencies and communicating such list to the judicial department.
(3) The commission shall adopt its own rules of procedure, shall select a chairman, a vice-chairman, and such other officers as it deems necessary, and
shall keep a record of its proceedings. The commission shall meet as often as necessary to carry out its duties, but in no instance shall it meet less than
annually. The commission may seek input from confidential intermediary organizations in carrying out its duties.
(4) The commission shall be voluntary and shall not receive per diem payments.
History
Source: L. 89: Entire part added, p. 941, § 1, effective March 27. L. 91: IP(1) amended, p. 890, § 14, effective June 5. L. 93: (4) amended, p.
657, § 3, effective July 1. L. 94: IP(1) and (1)(b) to (1)(d) amended, p. 2689, § 213, effective July 1. L. 97: (1) amended, p. 1166, § 12,
effective July 1. L. 2000: (1) and (2) amended, p. 1373, § 5, effective July 1. L. 2005: (2)(c) amended, p. 767, § 31, effective June 1; (2)(c)
amended, p. 993, § 5, effective July 1.
19-5-304. Confidential intermediaries - confidential intermediary services.
Statute text
(1) (a) Any person who has completed a confidential intermediary training program that meets the standards set forth by the commission shall be responsible
for notifying the commission that his or her name should be included on the list of confidential intermediaries to be maintained by the commission and made
available to the judicial department. The commission shall adopt rules to determine when and under what conditions the name of a confidential intermediary
shall be removed from the list available to the judicial department.
(b) Once a person is included on such list, he or she shall be:
(I) Authorized to inspect confidential relinquishment and adoption records and post-adoption records upon motion to the court by the following persons:
(A) An adult adoptee;
(B) An adoptive parent, custodial grandparent, or legal guardian of a minor adoptee;
(C) A biological parent or an adult biological sibling or half-sibling of an adult adoptee;
(D) An adult descendant of the adoptee or the adoptive parent, spouse of an adoptee, adult stepchild, or adopted adult sibling of an adoptee with the notarized
written consent of the adult adoptee;
(E) A biological grandparent of an adoptee with the notarized written consent of the biological parent. No written consent is required if the biological
parent is deceased.
(F) The legal representative of any of the individuals listed in sub-subparagraphs (A) to (E) of this subparagraph (I);
(II) Available, subject to time constraints, for appointment by the court to act as a confidential intermediary for any of the parties listed in subparagraph
(I) of this paragraph (b).
(2) (a) Any of the parties listed in subparagraph (I) of paragraph (b) of subsection (1) of this section, any of whom are eighteen years of age or older,
may file a motion, with supporting affidavit, in the court where the adoption took place, to appoint one or more confidential intermediaries for the purpose
of determining the whereabouts of such individual's unknown relative or relatives; except that no one shall seek to determine the whereabouts of a relative
who is younger than eighteen years of age. The court may rule on said motion and affidavit without hearing and may appoint a trained confidential intermediary.
(b) The court-appointed confidential intermediary shall make a diligent search of the adoption records and post-adoption records in an effort to find the
sought-after relative. If the confidential intermediary successfully locates the relative sought, the confidential intermediary shall provide that relative
with the opportunity to:
(I) Consent to or to refuse to allow contact by the person seeking contact;
(II) Fill out a contact preference form and updated medical history statement as prescribed in section 19-5-305 (1.5);
(III) Consent to or refuse to authorize disclosure of the adoption records to the person seeking such access.
(2.5) For purposes of paragraph (b) of subsection (1) of this section and subsection (2) of this section, "legal guardian" shall not include a
governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.
(3) Any information obtained by the confidential intermediary during the course of his or her investigation shall be kept strictly confidential and shall
be utilized only for the purpose of arranging a contact between the individual who initiated the search and the sought-after biological relative or for
the purpose of obtaining consent for the release of adoption records.
(4) (a) When a sought-after biological relative is located by a confidential intermediary on behalf of the individual who initiated the search, the confidential
intermediary shall obtain consent from both parties that they wish to personally communicate with one another.
(b) Contact shall be made between the parties involved in the investigation only when consent for such contact has been received by the court.
(c) If consent for personal communication is not obtained from both parties, all relinquishment and adoption records and any information obtained by any
confidential intermediary during the course of his or her investigation shall be returned to the court and shall remain confidential.
(5) All confidential intermediaries shall inform both the requesting biological relative and the sought-after biological relative of the existence of the
voluntary adoption registry set forth in section 25-2-113.5, C.R.S.
(6) Any person acting as a confidential intermediary who knowingly fails to comply with the provisions of subsections (3) and (4) of this section commits
a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of five hundred dollars.
History
Source: L. 89: Entire part added, p. 942, § 1, effective March 27. L. 97: (1) and (2) amended, p. 1166, § 13, effective July 1. L. 99: (1)(b),
(2), (3), and (4)(c) amended and (2.5) added, p. 1131, § 3, effective July 1. L. 2000: (1) and (2) amended, p. 1368, § 2, effective July 1. L.
2005: (2) amended, p. 984, § 1, effective July 1.
Annotations
ANNOTATION
Annotations
Actual controversy between adverse parties must exist if a court is to sua sponte address the constitutionality of a statute. Juvenile court's ruling that
this part 3 is unconstitutional was impermissible exercise of judicial authority since the issue was raised on behalf of unidentified parties that were
not before the court on court's own motion in order to create a controversy that it then proceeded to decide. In re Tomlinson, 851 P.2d 170 (Colo. 1993).
19-5-305. Access to adoption records - contact with parties to adoption - contact preference form and updated medical history statement.
Statute text
(1) Legislative declaration. The general assembly finds that on May 20, 1949, the general assembly amended Colorado law to provide that all adoption records
in existence on that date and those records that came into existence after that date were to be sealed and thereby maintained confidential from the public.
Thereafter, in 1967, the general assembly acted to preserve the anonymity of the birth parents, the child, and the adoptive parents in adoption actions.
However, as a result of these changes, many adoptees were unable to make informed medical decisions, determine genetic consequences of certain medical and
reproductive decisions, and enjoy the benefits relating to knowledge about one's family history. In 1989, the general assembly enacted a process by which
parties to an adoption could attempt contact with one another through a confidential intermediary. Thereafter, in 1999, the general assembly enacted legislation
that allowed for limited access to certain adoption records by persons involved in the adoption. The general assembly hereby determines that it is appropriate
to allow access to certain adoption information by the parties to the adoption proceeding and the adoptee, but not by the public at large. In 2005, the
general assembly determined that it would be beneficial to the members of the adoption triad to allow each birth parent the opportunity to indicate a preference
regarding future contact, including the opportunity to authorize the release of the original birth certificate and to authorize the release of his or her
own contact information, and to provide a method to make information about medical history available to the adoptee. In addition, the general assembly found
that a delayed implementation of the access to a birth parent's contact information would allow members of the adoption triad to avail themselves of resources
to address issues that may arise from searching for or reuniting with biological relatives or from making decisions not to pursue contact or information.
(1.5) Contact preference and updated medical history statements - authorizations to release of the original birth certificate. (a) The state registrar shall
prescribe and make available to any birth parent named on an original birth certificate in the records of the state registrar a contact preference form
on which the birth parent may state a preference regarding contact by an adult adoptee, an adult descendant of an adoptee, or a legal representative of
the adoptee or descendant. The contact preference form shall allow the birth parent to voluntarily include the birth parent's contact information and shall
provide the birth parent with options to indicate a preference regarding whether the birth parent would prefer or not prefer future contact with the adoptee
or adult descendant of the adoptee or a legal representative of the adoptee or descendant and, if contact is preferred, whether the birth parent would prefer
contact directly or through a confidential intermediary or a child placement agency. The contact preference form shall also include an option for the birth
parent to authorize the release of the original birth certificate. An authorization to release may be exercised and submitted to the state registrar at
any time after January 1, 2006. The contact preference form shall also indicate that the birth parent can change his or her contact preference form by notifying
the state registrar in writing.
(b) The state registrar shall also prescribe an updated medical history statement, that a birth parent may submit, with the completed contact preference
form, to the state registrar. Such medical history statement shall be a brief narrative statement written by the birth parent indicating medical information
about the birth parent or other biological relatives. Such medical history statement shall indicate that the birth parent is waiving confidentiality of
any medical information supplied in the statement with respect to the adoptee, an adult descendant of an adoptee, or a legal representative of such person
and to the state registrar or his or her designees. The birth parent may submit additional updated medical history statements to the state registrar no
more frequently than every three years, unless there is a significant change in medical history.
(c) The contact preference forms and updated medical history statements shall be maintained in the records of the state registrar and shall be accessible
to the adult adoptee, the adult descendant of the adoptee, or the legal representative of the adoptee or descendant, who submits a written application form,
proof of identity, and an explanation of the person's relationship to the adoptee, if applicable.
(d) In developing the contact preference form and the updated medical history statement, the state registrar shall consult with and obtain input from the
adoption intermediary commission.
(e) When the state registrar receives a contact preference form or an updated medical history statement or both from a birth parent, the state registrar
or the state registrar's authorized designee shall match the contact preference form and the updated medical history statement, if applicable, with the
adoptee's sealed original birth certificate, and shall update its records to indicate that a birth parent has filed a contact preference form or an updated
medical history statement or both with the state registrar. The state registrar is authorized to verify the submission of a contact preference form or an
updated medical history statement and to provide a copy of a contact preference form to a confidential intermediary appointed pursuant to section 19-5-304
or to a designated employee of a child placement agency who is searching pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section.
(f) The state registrar shall designate certain employees to process, maintain, allow inspection of, and make copies of contact preference forms and updated
medical history statements and to prepare and issue noncertified copies of the unaltered original birth certificates as authorized in this section.
(g) The state registrar shall accept contact preference forms and updated medical history statements on and after January 1, 2006.
(2) Determination of accessibility of records and contact. Subject to the provisions of subsection (4) of this section, the accessibility of adoption records,
in addition to inspection authorized by a court upon good cause shown pursuant to section 19-1-309, and the ability of a party to the adoption proceeding
or the adoptee to contact the adoptee or another party, shall be governed by the following provisions based upon the date on which the adoption was finalized:
(a) Adoptions finalized prior to September 1, 1999. (I) (A) Except to the extent disclosure is made in designated adoptions and except for an original birth
certificate that is obtained through the provisions of paragraph (d) of this subsection (2), all adoption records, as that term is defined in section 19-1-103
(6.5), relating to adoptions finalized prior to September 1, 1999, shall remain confidential, and the names of the parties thereto and the name of the adoptee
shall remain anonymous if the adoption was finalized on or after July 1, 1967. Such adoption records shall be accessible by any of the parties listed in
section 19-5-304 (1) (b) (I) through the appointment of a confidential intermediary pursuant to section 19-5-304 who successfully obtains consent from the
person sought to release such adoption records or by mutual consent of the reunited parties upon proof of identification or as otherwise provided by law.
(B) (Deleted by amendment, L. 2000, p. 1369, 3, effective July 1, 2000.)
(II) (Deleted by amendment, L. 2005, p. 985, § 2, effective July 1, 2005.)
(b) Adoptions finalized on or after September 1, 1999. (I) (A) Adoption records. All adoption records, as that term is defined in section 19-1-103 (6.5),
relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adult adoptee, an adoptive parent
of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual. In addition, all those records described
in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V), relating to adoptions finalized on or after September 1, 1999, shall
be open to inspection and available for copying by an adoptee's adoptive grandparent or by an adult descendant of an adoptee or the adoptive parent with
the notarized written consent of the adult adoptee or the minor adoptee's adoptive parent. In addition, all those records described in section 19-1-103
(6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V), relating to adoptions finalized on or after September 1, 1999, shall be open to inspection
and available for copying by an adult sibling of an adult adoptee, an adoptee's spouse, or the legal representative of any such individual upon notarized
written consent of the adult adoptee. No other person or entity shall have access to such records except as otherwise provided by law.
(B) (Deleted by amendment, L. 2000, p. 1369, 3, effective July 1, 2000.)
(C) Prior written statements of birth parents. Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (I), the adoption records shall
not be open for inspection or available for copying with respect to any identifying information concerning a birth parent if such birth parent has previously
provided the court and the child placement agency, if applicable, with a signed and notarized written statement, within three years after the final order
of relinquishment or termination specifying that such parent wishes the identifying information concerning that parent to remain confidential. The written
statement shall remain in the court's and the child placement agency's relinquishment or termination file unless later withdrawn by the parent. The birth
parent submitting such a written statement may also submit to the court and to the child placement agency a letter of explanation that shall be released
to the adoptee at the time that the adoptee makes a request for inspection of the adoption records. No child placement agency shall be liable to any person
for the failure of a birth parent to submit such a written statement to the court. The child placement agency shall make reasonable efforts to notify any
and all birth parents who executed a statement, pursuant to this sub-subparagraph (C), of the option to submit a contact preference form and an updated
medical history statement as provided in subsection (1.5) of this section.
(II) Contact. For adoptions finalized on or after September 1, 1999, contact by an adult adoptee, an adoptive parent of a minor adoptee, or an adult descendant
of the adoptee or the adoptive parent with a birth parent or biological relative may be attempted at any time directly or through another person or agency
including, but not limited to, a confidential intermediary appointed pursuant to section 19-5-304 or an employee of a child placement agency trained to
perform a search pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section; except that contact with a birth parent who has previously
provided a written statement to the court and to the child placement agency as described in sub-subparagraph (C) of subparagraph (I) of this paragraph (b)
or who has filed a contact preference form, indicating a preference to be contacted through a confidential intermediary, may be attempted through a confidential
intermediary appointed pursuant to section 19-5-304.
(III) For adoptions finalized on or after September 1, 1999, a birth parent shall have access to adoption records and contact with the adoptee or the adoptive
family as otherwise provided by law.
(c) Deceased parties. (I) Notwithstanding paragraphs (a), (b), and (d) of this subsection (2), if it is determined:
(A) That the birth parent is deceased, then the person seeking the information, whether he or she is the adult adoptee, the adoptive parent of a minor adoptee,
or the legal representative of any such individual, shall be allowed access to the adoption records. If one of the birth parents is deceased and the other
birth parent is living but is nonconsenting then access to the records shall be permitted as provided in this paragraph (c) without the name of the nonconsenting
birth parent. In addition, an adoptee's adoptive grandparent, an adult descendant of an adult adoptee, an adoptee's spouse, or the legal representative
of any such individual shall be allowed access to those records described in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a)
(V) if such person seeking the information has the notarized written consent of the adult adoptee or the adoptive parent if the adoptee is a minor.
(B) That the adoptee is deceased, then the person seeking the information, whether he or she is the adoptive parent, an adult descendant of the adoptee,
or the legal representative of any such individual shall be allowed access to the adoption records. In addition, an adoptee's adoptive grandparent, an adult
descendant of the adoptive parent, an adoptee's spouse, or the legal representative of any such individual shall be allowed access to those records described
in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V).
(II) (Deleted by amendment, L. 2000, p. 1369, 3, effective July 1, 2000.)
(d) Access to original birth certificates for adoptions finalized prior to September 1, 1999. (I) This paragraph (d) applies to adoptions finalized in this
state prior to September 1, 1999.
(II) On and after January 1, 2007, the following persons may apply to the state registrar for a noncertified copy of the unaltered original birth certificate
of an adoptee who was born in this state or whose adoption was finalized in this state or both and whose adoption records have been sealed due to an adoption
proceeding:
(A) An adult adoptee who is eighteen years of age or older;
(B) An adult descendant of the adoptee who submits a written explanation of the person's relationship to the adoptee;
(C) An adult birth parent who signed or is named on the original birth certificate;
(D) The legal representative of any of the individuals listed in sub-subparagraphs (A) to (C) of this subparagraph (II).
(III) On and after January 1, 2007, the state registrar shall issue a noncertified copy of the unaltered original birth certificate to any of the persons
who are allowed to apply for an original birth certificate pursuant to subparagraph (II) of this paragraph (d), and who submit proof of identity, if:
(A) Both birth parents have filed a contact preference form with the state registrar authorizing the release of the original birth certificate; or
(B) Only one birth parent has filed an authorization to release the original birth certificate prior to January 1, 2007, and the state registrar has not
received an authorization to release the original birth certificate from the other birth parent, the state registrar shall issue the original birth certificate
to the applicant with the name of the nonconsenting birth parent redacted.
(IV) Between July 1, 2005, and January 1, 2007, there shall be a statewide and national public information campaign conducted pursuant to section 19-5-306
to inform the public about the ability to obtain access to original birth certificates, to inform birth parents about the ability to file a contact preference
form and updated medical history statements, to inform birth parents about the ability to authorize the release of an original birth certificate as part
of the contact preference form, and to provide resource referrals to members of the adoption triad.
(V) Nothing in this paragraph (d) shall be construed to affect the ability of a member of the adoption triad to obtain access to adoption records, including
the original birth certificate, through the appointment of a confidential intermediary, through an employee of a child placement agency trained to perform
a search pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section, through mutual consent of the reunited parties, or through a
court order upon good cause shown pursuant to section 19-1-309.
(3) Access to identifying information through child placement agencies. (a) Upon proof of identity of the person submitting the consent form, a licensed
child placement agency shall accept and may seek a consent form, as that term is defined in section 19-1-103 (28.5), from an adult adoptee or from either
adult adoptee's birth parent or from an adoptive parent of a minor adoptee or from the legal representative of a minor adoptee authorizing the release of
identifying information, as that term is defined in section 19-1-103 (63.5), concerning the person submitting the consent form, to the extent such information
is available to the child placement agency. If only one birth parent has filed a consent form with the child placement agency, the child placement agency
or any succeeding custodian of the records shall provide a copy of the identifying information without the name of and without identifying information about
the nonconsenting birth parent.
(b) (I) Upon inquiry by an adult adoptee or an adult adoptee's birth parent or an adoptive parent of a minor adoptee seeking information about another party
from a licensed child placement agency, the child placement agency shall be authorized to release identifying information to the inquiring person, upon
proof of identity by the inquiring person, if the licensed child placement agency is in possession of a consent form from the party about whom information
is sought authorizing such release.
(II) In those circumstances in which a child placement agency has released identifying information pursuant to paragraph (a) of this subsection (3), the
child placement agency may attempt to locate at the last known address the person who had originally submitted the consent form and, upon locating such
person, advise him or her of the release and provide him or her with the opportunity to fill out a contact preference form and updated medical history statement
as prescribed in subsection (1.5) of this section. If the inquiring person also submitted a consent form authorizing the release of identifying information
about him or her, the child placement agency may provide such identifying information to the person located.
(III) A child placement agency that accepts a consent form may perform a search for the sought party, subject to the requirement that an employee designated
by the child placement agency to perform a search and to contact the sought party shall have completed training that meets the standards set forth by the
adoption intermediary commission.
(c) A licensed child placement agency that accepts a consent form may charge a reasonable fee to cover the direct and indirect costs associated with the
services provided pursuant to this subsection (3), if a written fee agreement has been signed by the agency and the party submitting the consent form prior
to the provision of any service. If a child placement agency charges a fee, then the child placement agency shall make reasonable efforts to locate the
person being sought and to release the information the child placement agency obtained to the person located. The licensed child placement agency shall
be required to provide a list of names, addresses, and telephone numbers of organizations performing similar services prior to signing any fee agreement
with any party submitting a consent form. Information in the post-adoption record is confidential and shall not be disclosed by a licensed child placement
agency or any succeeding custodian of the records, or a court except as specifically permitted in this part 3, or as otherwise permitted by law.
(d) The release of any information by a licensed child placement agency pursuant to this subsection (3) shall be subject to the provisions of subsection
(4) of this section.
(4) Access to information and contact concerning sibling groups. Notwithstanding the provisions set forth in subsections (1.5), (2), and (3) of this section
authorizing access to adoption records and contact with an adoptee, in those circumstances in which one family has adopted two or more siblings, access
to the adoption records concerning an adoptee and contact with an adoptee shall not occur until all of the siblings adopted by the family have attained
eighteen years of age.
(5) Adult adoptee's restriction on access to records. Notwithstanding the provisions of subsection (2) of this section, an adult adoptee may, at any time,
provide the court that finalized the adoption and the child placement agency with a signed and notarized written statement specifying that such adult adoptee
wishes to maintain identifying information concerning that adoptee, other than the original birth certificate, confidential. The written statement shall
remain in the court's adoption file unless later withdrawn by the adoptee. Nothing in this subsection (5) shall be construed to affect access to records
through the confidential intermediary process.
History
Source: L. 99: Entire section added, p. 1132, § 4, effective July 1. L. 2000: (2)(a)(I)(A), (2)(a)(I)(B), (2)(b)(I)(A), (2)(b)(I)(B), (2)(b)(I)(C),
(2)(b)(II), (2)(c), (3), and (5) amended, p. 1369, § 3, effective July 1. L. 2005: Entire section amended, p. 985, § 2, effective July 1.
Annotations
Cross references: For the provisions referring to confidential intermediaries formerly found in subsection (2)(a)(II), see § 19-5-304 (2)(b). (See
L. 2005, p. 984.)
19-5-306. Public information campaign.
Statute text
The executive directors of the department of human services and the department of public health and environment, or such executive directors' designees,
shall work together to design and implement efforts within existing appropriations to assist in informing the public about the existence and availability
of the confidential intermediary process established in this part 3 and the voluntary adoption registry established pursuant to section 25-2-113.5, C.R.S.,
to inform the public about the change in the availability of adoption records, including birth certificates, and other records related to the adoption process
as set forth in section 19-5-305, and to inform birth parents about the opportunity to complete contact preference forms and submit updated medical history
statements as set forth in section 19-5-305. Such efforts shall be implemented within existing appropriations on and after July 1, 2005, by disseminating
information to the public through child placement agencies and through the use of public service announcements and such other additional means of communication
as the executive directors or their designees determine appropriate. The public information campaign shall also provide referral information on community
resources that may be available to the adoption triad to assist them in dealing with issues that arise in searches and reunifications with relatives or
in deciding not to seek contact or information about relatives. Such resources shall include a variety of sources, including child placement agencies, social
workers, therapists and faith-based counselors, and organizations designed to provide support to members of the adoption triad.
History
Source: L. 99: Entire section added, p. 1132, § 4, effective July 1. L. 2005: Entire section amended, p. 993, § 6, effective July 1.
19-5-307. Child placement agency - transfer of records.
Statute text
If a child placement agency terminates its child placement activities, prior to termination of services, the child placement agency shall microfilm or preserve
with state-of-the-art record storage methods as prescribed by the department of human services any relevant files on adoptions and transfer them to the
division in the department of human services responsible for child care licensing. The state board of human services shall promulgate rules to require child
placement agencies to scan adoption records for purposes of transferring them upon termination of child placement activities to the division in the department
of human services responsible for child care licensing.
History
Source: L. 2000: Entire section added, p. 1372, § 4, effective July 1. L. 2005: Entire section amended, p. 970, § 5, effective June 2.
PART 4
ACCESS TO NONIDENTIFYING ADOPTION INFORMATION
19-5-401. Definitions. (Repealed)
History
Source: L. 93: Entire part added, p. 655, § 1, effective July 1. L. 94: (4) amended, p. 2689, § 214, effective July 1. L. 96: Entire section repealed,
p. 85, § 11, effective March 20.
Annotations
Cross references: For definitions, see § 19-1-103.
19-5-402. Access to nonidentifying information.
Statute text
Any adult adoptee or any adoptive parent may request nonidentifying information about the adoptee or the birth parents of the adoptee from the department.
The department shall provide directly to the inquiring adult adoptee or adoptive parent or to the qualified agency selected pursuant to section 19-5-403
the nonidentifying information which is available to the department. The department shall adopt rules governing the disclosure of nonidentifying information.
History
Source: L. 93: Entire part added, p. 656, § 1, effective July 1.
19-5-403. Authority for department to select agencies.
Statute text
The department is authorized to select private, licensed child placement agencies authorized to handle adoptions for the disclosure of nonidentifying information
pursuant to this part 4. The department shall, by rule, establish qualifying criteria by which the licensed child placement agencies authorized to handle
adoptions shall be selected, which criteria shall include, but shall not be limited to, a requirement that the agencies maintain all information which identifies
members of the birth family strictly confidential.
History
Source: L. 93: Entire part added, p. 656, § 1, effective July 1.
