Consent to Adoption - Colorado

Who Must Consent to an Adoption

Citation: Rev. Stat. §§ 19-5-203; 19-5-207

A child may be available for adoption upon written and verified consent of the following persons:

• The guardian of a child whose parents are deceased
• The parent in a stepparent adoption when the other parent is deceased or has had the parent-child legal relationship terminated
• The parent in a stepparent adoption, accompanied by an affidavit stating that the other birth parent, for 1 year or more, has abandoned the child or has failed without cause to provide reasonable support for the child
• In a second-parent adoption, when the child has a sole legal parent, and the sole legal parent wishes the child to be adopted by a specified second adult
• The parent having only residual parental responsibilities when custody or parental responsibilities have been awarded or allocated to the other parent in a dissolution of marriage proceeding when the spouse of the parent having custody or parental responsibilities wishes to adopt the child
• The parent or parents in a stepparent adoption when the child€™s parents were not married at the time the child was conceived and born

When a child is placed for adoption by a county Department of Human or Social Services, a licensed child-placing agency, or an individual, the department, agency, or individual shall file with the petition to adopt its written and verified consent to that adoption.

Consent of Child Being Adopted

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 that person is age 12 or older.

The court may order counseling for a child of any age who is being relinquished if the court deems such counseling would be in the child's best interests. The court may order that a child younger than age 12 be prepared for relinquishment, termination of parental rights, or adoption.

When Parental Consent is not Needed

Citation: Rev. Stat. §§ 19-5-203; 19-3-604

Consent is not required when the following apply:

• 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. § 19-5-103.5

A parent desiring to relinquish his or her child may seek an expedited order terminating his or her parent-child legal relationship without the necessity of a court hearing if the following apply:

• The child is under age 1 at the time the petition is filed.
• The relinquishing parent is being assisted by a licensed child-placing agency or the county department.
• The requirements of § 19-5-103(1) have been met.
• The parent signs an affidavit stating his or her desire to voluntarily relinquish his or her parent-child legal relationship with the child and consenting to a waiver of his or her right to contest a termination of parentage.

The affidavit must advise the relinquishing parent of the consequences of the relinquishment decision and must further advise the relinquishing parent that he or she is still required to obtain relinquishment counseling. The relinquishing parent may sign the affidavit before the birth of the child. The relinquishing birth parent may withdraw the affidavit from the child-placing agency or county department any time after signing it but before the affidavit and petition are filed with the court.

How Consent Must Be Executed

Citation: Rev. Stat. § 19-5-103

Any parent desiring to relinquish his or her child shall do the following:

• Obtain counseling for himself or herself and the child from a county department of social services or from a licensed child-placing agency
• Petition the juvenile court upon a standardized form providing the name of both natural parents, if known; the name of the child, if named; the ages of all parties concerned; and the reasons relinquishment is desired

The petition shall be accompanied by a standardized affidavit of relinquishment counseling that includes the following:

• A statement indicating the nature and extent of counseling furnished to the petitioner, if any, and the recommendations of the counselor
• A copy of the original birth certificate (or a copy of the application for it)
• A statement disclosing all payments, gifts, assistance, goods, or services received, promised, or offered to the relinquishing parent in connection with the pregnancy, birth, or proposed relinquishment of the child and the source or sources of such payments, gifts, assistance, goods, or services

The petition for relinquishment also shall include the following:

• A statement indicating whether the child is an Indian child
• The identity of the Indian child's Tribe if the child is identified as an Indian child

Revocation of Consent

Citation: Rev. Stat. § 19-5-104

A relinquishment may be revoked only if, within 91 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.

A relinquishment may not be revoked on the basis that the relinquishment or termination of the other parent's parental rights was not obtained because the relinquishing parent knew, but did not disclose, the name or whereabouts of such other parent.

The fact that the relinquishing parent or parents are minors shall in no way affect the validity of the final order of relinquishment.