Substantive Changes in Adoption and Relinquishment Law in Colorado
| Publication year | 1987 |
| Pages | 2183 |
| Citation | Vol. 15 No. 9 Pg. 2183 |
1987, December, Pg. 2183. Substantive Changes in Adoption and Relinquishment Law in Colorado
Major changes in the adoption and relinquishment laws in Colorado became effective October 1, 1987, with the passage of House Bill ("H.B.") 1296. Much of the momentum for revision of the relinquishment and adoption statutes was advanced by the Colorado Association of Family and Childrens' Agencies ("CAFCA"). The bill was passed without any opposition due in part to networking and cooperation between a number of entities concerned about adoption, including the Family Law Section of the Colorado Bar Association, Planned Parenthood and the Colorado Department of Social Services. The intent of CAFCA in proposing the legislation was to protect the rights of children, and to better serve those parties who may be interested in seeking adoption alternatives---birth parents interested in voluntarily relinquishing parental rights and families interested in adopting a child in need of a permanent home.
This article discusses the changes in the adoption and relinquishment laws, which have also precipitated proposed revisions to the Rules and Regulations of Child Placement Agencies that specifically pertain to designated adoptions and requirements for relinquishment counseling.
The entire Children's Code was repealed and reenacted last legislative session, recodifying provisions of the Code.(fn1) The major changes in the relinquishment procedures are found in CRS § 19-5-103. This section substantially tightens the requirements for counseling prior to filing a petition for relinquishment. Any parent desiring to relinquish a child must now obtain counseling from either a county department of social services in the county where he or she resides, or from a licensed child placement agency. In addition, all petitions for relinquishment filed with the court must now be accompanied by a statement indicating the nature and extent of the counseling which was furnished to the relinquishing parent and the recommendation of the counselor. Prior to this amendment, the requirement for counseling was vague. Relinquishing parents were previously counseled by attorneys, spiritual counselors or social workers not in the employ of adoption agencies or county departments of social services.
In a relinquishment proceeding, the confidentiality of records is maintained. The court is still charged with preserving anonymity pursuant to CRS § 19-5-106. However, this request has been loosened to allow an exchange of information in designated adoption situations, as explained later in this article.
The major substantive amendments to the adoption portion of the Children's Code were changes which sanction and allow what has been referred to as "designated" or "identified" adoptions in Colorado. A birth parent may now designate a specific applicant with whom he or she wishes to place a child for purposes of adoption.(fn2) This provision also clarifies that the potential adoptive parents must be assessed and approved by a licensed child placement agency and that, once parental rights are terminated, guardianship of the child is transferred to that agency until...
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