ARTICLE 5
| Jurisdiction | Colorado |
Editor's note: This title was repealed and reenacted in 1987. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.
Law reviews: For article, "Difficult Issues in Adoption - Part 1", see 24 Colo. Law. 851 (1994); for article, "Difficult Issues in Adoption - Part 2", see 24 Colo. Law. 1083 (1994); for casenote, "Inappropriate Application of the Best Interests of the Child Standard Leads to Worst Case Scenario: In re C.C.R.S.", see 68 U. Colo. L. Rev. 259 (1997).
19-5-100.2. Legislative declaration.
19-5-100.5. Applicability of article.
19-5-101. Termination of the parent-child legal relationship.
19-5-102. Venue.
19-5-102.5. Relinquishment hearings - court docket priority.
19-5-103. Relinquishment procedure - petition - hearings.
19-5-103.5. Expedited relinquishment procedure - children under one year of age - other birth parents - notice - termination.
19-5-103.7. Anticipated expedited relinquishment - children under one year of age - notice to other or possible parent - administrative procedures.
19-5-104. Final order of relinquishment.
19-5-105. Proceeding to terminate parent-child legal relationship.
19-5-105.5. Termination of parent-child legal relationship upon a finding that the child was conceived as a result of sexual assault - legislative declaration - definitions.
19-5-105.7. Termination of parent-child legal relationship in a case of an allegation that a child was conceived as a result of sexual assault but in which no conviction occurred - legislative declaration - definitions.
19-5-106. Records. (Repealed)
19-5-107. When notice of relinquishment proceedings required. (Repealed)
19-5-108. When notice of relinquishment proceedings required.
19-5-109. Birth parent access to records related to relinquishment of parental rights.
19-5-200.2. Legislative declaration.
19-5-201. Who may be adopted.
19-5-202. Who may adopt.
19-5-202.5. Adoption hearings - termination appeals - court docket priority - exceptions.
19-5-203. Availability for adoption.
19-5-203.5. Confirmatory adoption - short title - definitions.
19-5-204. Venue.
19-5-205. Adoption decree of foreign country approved.
19-5-205.5. Nonpublic agency interstate and foreign adoptions - authority for state department to select agencies - legislative declaration.
19-5-206. Placement for purposes of adoption.
19-5-207. Written consent and home study report for public adoptions - fingerprint-based criminal history record checks - investigation - rules.
19-5-207.3. Placement of sibling groups.
19-5-207.5. Legislative declaration - standardized home studies - adoptive family resource registry - rules.
19-5-208. Petition for adoption - open adoption - post-adoption contact agreement.
19-5-209. Petition - written home study reports.
19-5-210. Hearing on petition.
19-5-211. Legal effects of final decree.
19-5-212. Copies of order of adoption - to whom given.
19-5-213. Compensation for placing child prohibited.
19-5-213.5. Unauthorized advertising for adoption purposes - exceptions - penalty - definitions.
19-5-214. Limitation on annulment of adoption - best interests standard.
19-5-215. Records. (Repealed)
19-5-216. Increased access for adoption - study.
19-5-217. Enforcement or termination of post-adoption contact agreement.
19-5-301. Legislative declaration.
19-5-302. Definitions. (Repealed)
19-5-303. Commission created - duties.
19-5-304. Confidential intermediaries - confidential intermediary services.
19-5-305. Access to adoption records - contact with parties to adoption - contact preference form and updated medical history statement - definitions.
19-5-305.5. Access to personal records relating to a former ward of the state home for dependent and neglected children - other eligible parties - definitions.
19-5-306. Public information campaign.
19-5-307. Child placement agency - transfer of records.
19-5-401. Definitions. (Repealed)
19-5-402. Access to nonidentifying information.
19-5-403. Authority for department to select agencies.
■ 19-5-100.2. Legislative declaration. (1) The general assembly hereby finds that parental relinquishment and adoption of children are important and necessary options to facilitate the permanent placement of minor children if the birth parents are unable or unwilling to provide proper parental care. The general assembly further finds that adoption offers significant psychological, legal, economic, and social benefits not only for children who might otherwise be homeless but also for parents who are unable to care for their children and for adoptive parents who desire children to nurture, care for, and support. Conversely, the general assembly recognizes that disrupted adoptive placements often have a profound and negative impact on individuals, particularly children, involved in the adoption proceedings.
(2) It is the purpose of this article 5 to promote the integrity and finality of adoptions to ensure that children placed in adoptive placements will be raised in stable, loving, and permanent families. It is the further intent of the general assembly that a prospective parent with a disability should not be denied the opportunity to provide a permanent adoptive placement for a child based solely on the parent's disability, as provided for in section 24-34-805 (2). The general assembly intends that by enacting this legislation, it will be protecting children from being uprooted from adoptive placements and from the life-long emotional and psychological trauma that often accompanies being indiscriminately moved.
Source: L. 94: Entire section added, p. 746, § 1, effective April 20. L. 2018: (2) amended, (HB 18-1104), ch. 164, p. 1135, § 9, effective April 25.
Language of legislative declaration should not be construed to recognize the importance of the adoption process at the cost of denying the rights of a fit biological parent. M.C. v. Adoption Choices of Colo., Inc., 2014 COA 161, 369 P.3d 659, rev'd on other grounds, 2015 CO 72, 363 P.3d 193.
Articles 3 and 5 of the Children's Code are not interchangeable for purposes of termination of parental rights. Parental rights cannot be terminated under article 5 if a dependency and neglect action under this article 3 is still active. People in Interest of E.M., 2016 COA 38M, 417 P.3d 843, aff'd sub nom. People in Interest of L.M., 2018 CO 34, 416 P.3d 875.
■ 19-5-100.5. Applicability of article. Except where indicated otherwise, each provision of this article pertaining to relinquishment or adoption shall apply only to child welfare adoptions and not to private adoptions.
Source: L. 2010: Entire section added, (HB 10-1106), ch. 278, p. 1273, § 4, effective May 26.
■ 19-5-101. Termination of the parent-child legal relationship. (1) The juvenile court may, upon petition, terminate the parent-child legal relationship between a parent or parents, or a possible parent or parents, and a child in:
(a) Proceedings under section 19-1-104 (1)(d);
(a.5) Proceedings under section 19-5-103.5 (2)(d);
(b) Proceedings under section 19-5-105;
(c) Proceedings under section 19-5-203 (1)(d), (1)(e), (1)(f), (1)(j), and (1)(k); or
(d) Proceedings under section 19-5-105.5.
(2) No parent shall relinquish the parent-child legal relationship with a child other than in accordance with the provisions of this article.
(3) A termination by a court of a parent-child legal relationship pursuant to proceedings under this section or any section described by subsection (1) of this section shall not be deemed to terminate a sibling relationship between sibling children who are parties to the termination of the parent-child legal relationship.
Source: L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 99: (1) amended, p. 1065, § 9, effective June 1. L. 2007: (1) amended, p. 113, § 1, effective July 1. L. 2008: (3) added, p. 2, § 2, effective August 5. L. 2013: (1)(b) and (1)(c) amended and (1)(d) added, (SB 13-227), ch. 353, p. 2057, § 2, effective July 1.
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 § 19-4-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Law reviews. For article, "The 1951 Amendments to the Relinquishment and Adoption Laws", see 28 Dicta 227 (1951). For article, "A Lawyer's Advice to the Unmarried Mother", see 31 Dicta 112 (1954). 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.
Nothing prohibits court from appointing a guardian ad litem (GAL) should parent fail to appear in court. In re R.L.S., 2019 COA 112, 451 P.3d 1249.
Father did not waive his request for a GAL. Because he was in custody out of state, unrepresented, and indigent, he could not appear in court. In re R.L.S., 2019 COA 112, 451 P.3d 1249.
Paternal rights (now parent-child legal relationships) may be forfeited by abandonment of the child. Fulton v. Martensen, 129 Colo. 125, 267 P.2d 658 (1954).
Statutory relinquishment cannot be waived because it is a part of the court process in such matters. It is necessary in order that the parent be under the jurisdiction of the court where the other statutory provision of counseling and guidance can be given. Fackerell v. District Court, 133 Colo. 370, 295 P.2d 682 (1956).
An attempt to relinquish a minor child to an individual is without any force or effect. Consent alone adds nothing in the way of giving jurisdiction to the...
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