Unregulated Custody Transfers of Adopted Children - Colorado

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Definitions

Citation: Rev. Stat. § 19-5-213.5

The term 'advertise through a public medium' means to communicate by any public medium, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, television, or by computerized communication system, including an internet site, an internet profile, or any similar medium of communication provided via the internet. 'Advertising through a public medium' does not include communicating through personal or work electronic mail, text, or telephone.

Prohibited or Required Actions Regarding Custody

Citation: Rev. Stat. § 19-5-213.5

It is unlawful to advertise through a public medium for any of the following purposes:

  • To find a child to adopt or to otherwise take permanent physical custody of a child
  • To find an adoptive home or any other permanent physical placement for a child or to arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child
  • To offer to place a child for adoption or in any other permanent physical placement with another person

Exceptions

Citation: Rev. Stat. § 19-5-213.5

This section does not apply to any of the following:

  • An employee of the State Department of Human Services, a county Department of Human or Social Services, or a licensed child-placing agency who is acting within the scope of their employment to place a child for adoption or in foster care
  • An individual or agency that provides adoption information through the statewide adoption resource registry
  • An adoption exchange whose membership includes county departments and licensed child-placing agencies that provide information and referral services to find adoptive homes and to promote adoption
  • An individual who contacts and has entered into an agreement with or is actively working with any of the agencies or entities described above to place their child for adoption
  • A person who advertises fertility-related services
  • An individual who has received a favorable recommendation regarding their fitness to be an adoptive parent in this State from the department or a child-placing agency licensed in this State or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes
  • A licensed attorney who advertises their availability to practice or provide services relating to the adoption of children

Consequences

Citation: Rev. Stat. § 19-5-213.5

Unauthorized advertising of a child is a class 6 felony.