Colorado Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by Olivia Wathne, Esq. | Last reviewed August 08, 2024
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If you are considering adoption in the state of Colorado, understanding the local adoption laws is essential for a smooth process. The Centennial State has specific legal requirements and procedures to help create a loving family environment for children in need. Knowing Colorado's adoption laws will guide you through each step, whether you want to adopt domestically, internationally, or through foster care.
Types of Adoption in Colorado
In Colorado, several types of adoption are available to prospective adoptive parents. Domestic adoption involves adopting children from within the United States. International adoption involves bringing a child from another country into your family.
Colorado also supports foster care adoption, where foster parents can adopt children in the state's foster care system. Adoption agencies or attorneys arrange private adoptions. These adoptions often involve direct placement from birth parents. Kinship adoption allows relatives, such as a grandparent, to adopt a child within the family. Also, step-parent adoption enables a step-parent to adopt their spouse's child. Adult adoption allows the adoption of people over 18. Each type of adoption has specific legal requirements to ensure the priority of the child's best interests.
Colorado Adoption Laws: Chart
The following table outlines the main parts of Colorado adoption laws.
| Code sections | Colorado Revised Statutes (C.R.S) Title 19: Children's Code, Article 5: Relinquishment and Adoption, and Section 14-1-101: Adoption of Adults |
|---|---|
| Who can be adopted? | Any child under 18 may get adopted, or an adult between 18-21 on court approval can get adopted as a child. Also, any adult may get adopted to be a person's heir. |
| At what age must the child or adult consent to being adopted? | Any child 12 years of age and older and any adult must consent to the adoption. |
| Who can adopt? | Any adult over 21 can adopt. A child or adult under 21 can also adopt with court approval. Married people or those in civil unions must petition for adoption with their spouses unless the spouse is the natural parent of the child, has previously adopted the child, or the parties are now legally separated. There's no prohibition against same-sex adoptions. |
| Home residency required before finalization of adoption | No |
| State agency and court | The state agency in Colorado that proceeds over adoptions is the Department of Human Services. But, Colorado contracts out with a non-profit organization, Raise the Future, to help recruit and connect families with children. The court that hears adoption-related matters is the juvenile court. But, in smaller counties or judicial districts there may be only one court that handles all cases. In that case, there's likely one day of the week or month devoted to juvenile cases, including adoption. |
| Statute of limitation to challenge | Generally, for defects in the legal adoption procedure or with jurisdiction, the statute of limitations or time to challenge the validity of the adoption is only 90 days. In cases of step-parent adoption or when there's been fraud on the court or one of the parties (the child, birth parent, adoptive parent, or other relevant person in the case), then a challenge to the adoption can come within one year. |
Note: State laws change frequently, it's important to verify these state laws by conducting your own legal research or contacting an experienced Colorado adoption attorney.
Colorado Adoption Process
In Colorado, the adoption process involves several crucial steps to ensure a smooth and legal transition for the child and the adoptive family. Prospective adoptive parents must first complete a home study by a licensed social worker or caseworker. This includes background checks and assessments of their suitability, including checks for child abuse. This study evaluates the home environment and the potential for providing a loving and stable home.
The next step is filing an adoption petition with the court. The court then reviews the petition and any consent forms from the biological parents about their parental rights. An adoption hearing may get scheduled to assess the case further. Once the court knows that all legal requirements are met and the adoption is in the best interests of the child, it issues a final decree of adoption. This decree legally establishes the adoptive parents' rights and responsibilities and allows the issuance of a new birth certificate for the adoptee.
Research the Law
Get Legal Help With Your Colorado Adoption
Navigating the adoption process in Colorado can be complex, making it essential to seek legal help. An adoption attorney can give valuable legal advice and guide you through each step of the process. With professional legal support, you can focus on preparing to welcome a new child into your loving family. Reach out to a Colorado adoption attorney near you today.
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