Regulation of Private Domestic Adoption Expenses - Colorado

Date: May 2022

Birth Parent Expenses Allowed

Citation: Rev. Stat. § 19-5-213(a)-(b)

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.

Birth Parent Expenses Not Allowed

This issue is not addressed in the statutes reviewed.

Allowable Payments for Arranging Adoption

Citation: Rev. Stat. § 19-5-213(b)

No person or entity 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: Rev. Stat. § 19-5-213(a)

No person shall offer or charge any money or other consideration in connection with the relinquishment and adoption.

Allowable Fees Charged by Department/Agency

Citation: Rev. Stat. § 19-5-207.5(4)

Any person who, by their own request or by order of the court, is the subject of a home study report and investigation conducted by a county Department of Human or Social Services, an individual, or a child-placing agency, is required to pay, based on an ability to pay, the cost of such report and investigation.

In public adoptions, the State Board of Human Services shall promulgate rules establishing the maximum amount that a county department, an individual, or a child-placing agency may charge a prospective adoptive family for the investigation, fingerprint-based criminal history records check, and home study report.

The county department may waive the fee if the fee poses a barrier to the adoption of a child for whom a county department has financial responsibility.

In addition to the fee specified above, if the county department 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 6 months, then the county shall refer the family and the home study report for such family to the Adoptive Family Resource Registry if there is written consent for the referral. Prior to referral of a prospective adoptive family to the registry, the prospective adoptive family must pay a nonrefundable administrative fee in an amount to be determined by rule of the State Board of Human Services. A family must not be assessed the fee if the family is not referred to the adoptive family resource registry.

Accounting of Expenses Required by Court

Citation: Rev. Stat. § 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.