Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Colorado may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Colorado child adoption law including such topics as adoption facilitators, adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Intermediaries/Facilitators
Citation: Rev. Stat. § 19-5-213
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.
Physicians and attorneys may charge reasonable fees for professional services customarily performed by such persons.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 19-5-213
Attorney fees and other charges and fees, as may be approved by the court, are allowed.
Physicians and attorneys may charge reasonable fees for professional services.
Allowable Payments for Arranging Adoption
Citation: § 19-5-213(b)
No person other than an adoption exchange or licensed agency may charge or receive money for locating or identifying a child or natural parent for adoption or a prospective adoptive parent.
Allowable Payments for Relinquishing Child
Citation: § 19-5-213(a)
No person shall offer or charge any money or other consideration in connection with the relinquishment and adoption.
Accounting of Expenses Required by Court
Citation: § 19-5-208(4)
The adoption petition shall be accompanied by a standardized affidavit disclosing all fees, costs, or expenses charged or to be charged by any person or agency in connection with the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 19-5-207
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.
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. §§ 19-5-103; 19-5-203
Written consent to any proposed adoption shall be obtained from the person to be adopted if such person is age 12 or older. Children must undergo counseling.
When Parental Consent is not Needed
Citation: Rev. Stat. §§ 19-5-203; 19-3-604
Consent is not required when:
The parent's rights have been terminated due to the parent's unfitness, as outlined in § 19-3-604.
The parent has failed to provide support or has abandoned the child for 1 year.
When Consent Can Be Executed
Citation: Rev. Stat. §§ 19-5-104; 19-5-203
Consent may be executed any time after the birth of the child.
Revocation of Consent
Citation: Rev. Stat. § 19-5-104(7)(a)
A relinquishment may be revoked only if, within 90 days after the entry of the relinquishment order, the relinquishing parent establishes by clear and convincing evidence that such relinquishment was obtained
by fraud or duress.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 19-5-105(2), (3), (5)
To identify a birth parent, the court shall cause an inquiry to be made of the known parent and any other appropriate person.
The putative father must file a paternity action within 30 days after the child's birth, or within 30 days after receiving notice that he is the father or likely father.
The putative father must file an answer within 20 days after service of notice of termination proceedings.
Notice of termination proceedings is given to every person identified as a birth parent or possible birth parent.
Please visit adoption law in Colorado for more details. |