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Relinquishment & Adoption
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PART 1: RELINQUISHMENT
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What does it mean to relinquish custody of your child?
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A final order by the court removes the relinquishing parent or parents
of all legal rights
and obligations they may have with respect to the child relinquished, but
it does not
modify the child s status as an heir at law, which stops only upon a following
final decree
of adoption. The relinquishing parent s or parents obligation to pay for
services received
through the Department of Social Services, or other support received, will
end after a
final decree of adoption or by order of the court at the time of relinquishment.
The order
of relinquishment releases the relinquished child from all legal obligations
to the
relinquishing parent or parents.
How can you as a parent relinquish the custody of your child? |
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First, you and the child to be relinquished must get counseling
as the court deems
appropriate from the department of social services in the county where you
live or from a
licensed child placement agency.
Second, you must file a Petition for Relinquishment in the juvenile court
with a
standardized form from the Colorado Judicial Branch and give the following
information:
The name of both natural parents, if known;
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The name of the child, if named; The ages of all concerned parties; The reason(s) for which the relinquishment is desired.
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The petition also must include a standardized affidavit of
relinquishment counseling
prescribed by the Colorado Judicial Branch that includes:
- A
statement showing the nature and extent of counseling furnished to the petitioner
and, if any, the counselor s recommendations; - A copy of the
original birth certificate or a copy of the application; and
- A
statement disclosing any and 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 sources
of such
payments, gifts, assistance, goods, or services.
When the court receives the petition, a hearing will be set on the condition
that the
requirements have been met by the petitioner. The parent-child legal relationship
of a
parent is not terminated by relinquishment proceedings unless the parent
joins in the
petition. If the court finds after the hearing that it is in the best interests
of the child that
no relinquishment be granted, the court will enter an order dismissing the
action.
What does the court do when hearing a relinquishment case?
- The
court may appoint a Guardian Ad Litem (GAL) for the child. This person,
selected by the court, represents the child s interests in the case.
- The court may interview the child to determine his or her wishes
in the case.
- The court may seek advice from any expert witnesses.
- The court may order the parties involved in the case to continue
counseling with
social services.
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If the court approves the relinquishment, to whom can the
court transfer custody of
the child?
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If the court ends the parent-child legal relationship of both
parents or of the only living
parent, the court will take into consideration the racial, cultural, and
religious background
of the child and will order guardianship of the person and legal custody
transferred to:
- The county department of social services; or
A licensed child-placement agency; orA relative of
the child; orA person determined to be of good moral character
through a process that includes an
assessment, if the child has been living in this person s home for six months
or more,
including a foster parent or a designated adoptive parent.
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Can the other natural parent of the child claim custody if
you relinquish custody? |
Yes; however, there must be a hearing to verify that the parent
seeking custody meets
these requirements:
- He or she would be a suitable parent for
the child.
- He or she has established a substantial, positive
relationship with the child.
- He or she promptly assumes parental
responsibility of the child.
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PART 2: ADOPTION
Who may adopt a child?
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- Anyone 21 years of age or older, including a foster
parent, can petition the court to
decree an adoption.
- A minor may petition the court to decree
an adoption only if approved by the court.
- A person having a
living spouse from whom he or she is not legally separated can
petition jointly with the spouse, unless the spouse is the natural parent
of the child to
be adopted or has previously adopted the child.
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Who may be adopted?
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A child is available for adoption only upon:
- Order of the court terminating the parent-child legal relationship;
- Order of the court decreeing the voluntary relinquishment of the
parent-child legal
relationship;
- Written and verified consent of the court-appointed guardian of
a child whose parents
are deceased;
- Written and verified consent of the parent in a step-parent adoption
where the other
parent is deceased or his or her parent-child legal relationship has been
terminated;
- Written and verified consent of the parent in a step-parent adoption,
along with an
affidavit or sworn statement of this parent, that the other parent has
abandoned the
child for a period of one year or more or that the other birth parent
has failed without
cause to provide reasonable support for the child for a period of one
year or more;
- Written and verified consent of 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 (divorce) proceeding
where
the spouse of the parent having custody or parental responsibilities wishes
to adopt
the child;
- Written and verified consent of the parent(s) in a step-parent
adoption where the child
is conceived and born out of wedlock;
- A statement by the department of human services or its designated
agent as to
whether any placement arranged outside Colorado was carried out by a child
placement agency licensed or authorized under the laws of another state
to make
placements;
- Verification by the child placement agency, a county department
of social services, or
the attorney for the petitioner in any adoption proceeding that any custody
obtained
outside of Colorado was acquired legally by proceedings according to law;
- Verification by the department of human services or its designated
agent that any
custody obtained outside of Colorado was acquired by proceedings sanctioned
by the
federal immigration and naturalization service in cooperation with the
department of
human services.
Written consent to any proposed adoption must be obtained from the person
to be
adopted if the person is 12 years of age or older.
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Who can get information on adoption cases?
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Adult adoptees, adoptive parents, biological parents, and
biological siblings have the
right to access records regarding their or their child s adoption or the
adoption of their
offspring or siblings, and this right exists along with the right of such
parties to
confidentiality and privacy.
Confidentiality is essential to the adoption process and any procedure to
access
information that relates to an adoption must be designed to keep confidentiality
and to
respect the wishes of all the parties involved. Individuals who wish to
obtain records
should file a motion with the court, and a confidential intermediary will
be contacted. |
What roles do confidential intermediaries play in adoption?
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Confidential intermediaries are authorized to inspect confidential
relinquishment and
adoption records on a motion to the court by an adult adoptee, adoptive
parent, biological
parent, biological sibling, or half-sibling.
When a sought-after biological relative is located by a confidential intermediary
on
behalf of the person who started the search, the intermediary must obtain
consent from
both parties that they wish to communicate with each other. Contact will
be made
between the parties involved in the investigation only when the court has
received
consent for this contact. If consent for personal communication is not obtained
from both
parties, all relinquishment and adoption records and any information obtained
by any
confidential intermediary must be returned to the court and stay confidential. |
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