step-parent adoption Colorado Springs & grand-parent adoption  -  stepparent adoption & grandparent adoption
voluntary relinquishment, abandonment or non-support termination of parental rights, relative adoption - adoption by relatives

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

        The non-residential birth parent executes a document relinquishing his or her parental rights. The parent will be advised of his or her right to contest termination of parental rights, right to trial and representation by counsel. Any consent must be freely and voluntarily given, without undue influence, duress, coercion or fraud.

        Local courts have approved a residential birth parent offering release of liability for past due child support in return for the non-residential birth parent's relinquishment. That offer, combined with an advisement the adoption will be processed on involuntarily termination with subsequent suit to enforce support arrearages may be an inducement to the non-residential birth parent to execute a relinquishment. Waiver of support arrearages need not be offered.

        No parental waiver can affect, nor prejudice any claim or cause of action of any State or County governmental agency arising out of an assignment of rights to child support relative to welfare benefits received by that parent or any third person on behalf of a child. The offer to waive child support arrears or expenses of confinement and delivery must be made expressly excluding any such governmental claims.

        The residential parent should be careful in making any offer to waive support arrearages to include a date on which the offer is automatically withdrawn without further notice. This precludes the non-residential parent from accepting the offer after involuntary termination of his or her parental rights. The offer should also be expressly contingent upon entry of the termination and adoption decrees.

        If a written relinquishment is received from the non-residential birth parent, on the date set to finalize the adoption decree no matters remain clouded. Even though the consent could be withdrawn at the last minute, consent usually places the adoptive family in high spirits before the hearing.

        For whatever reason, the non-residential birth parent fails or refuses to execute a document relinquishing his or her parental rights.  The petitioner must establish by clear and convincing evidence at hearing

        1. No child support whatsoever has been received for a period of 12 consecutive months immediately preceding the filing of the lawsuit.

        2. Failure to pay reasonable support was without cause; the non-residential birth parent had the ability to contribute reasonable support. Contribution need not be the full amount of the support ordered to constitute payment of reasonable support under the circumstances. Karaken v. Valdesuso, 33 Colo. App. 47, 50, 515 P.2d 128, 130 (1773). Colorado courts have held that failure of a prisoner in the state penitentiary earning $1.50 per day to contribute anything to child support was not just cause; he had the ability to contribute reasonable support from his meager earnings. In re R.H.N., 710 P.2d 482 (Colo. 1985).

        3. There is no reasonable likelihood that the non-residential birth parent will provide future child support. Past conduct is the polestar.

        4. The non-residential birth parent has abandoned the child.

        5. The best interests of the child will be served by the adoption.

        If the petition alleges non-support, this attorney prepares an arrearage computation which includes each child support payment due for the period commencing the date ordered to the date of adoption lawsuit preparation, each payment received, and interest computed at the statutory rate (Colorado 12% per annum) based upon irregular transactions. With the computation the court can easily ascertain the periods of non-support and total arrearage amount. The non-residential birth parent obligor is advised of the alleged arrearage for which he or she is obligated and which may be enforced absent waiver by the obligee.  Refer to support enforcement.

        In determining the best interests of the child, the court may consider among other factors, family stability, the present and future effects of adoption, including the detrimental effects of termination of parental rights, the child's emotional ties and interaction with the contestants, the adjustment of the child to the living situation, the child's age, and the mental and physical health of the parties.

        Frequently attorney's see a situation where the non-residential birth parent has failed to maintain physical visits or telephone contact for a period of time, failed to send birthday or holiday cards, failed to communicate by letter, and has failed to provide any support. These are facts you should document, and you should provide any cards or correspondence to your attorney.

        Positive factors of the interaction between the child and the adoptive step-parent include support he or she has provided, maintaining a home for the child, common activities and interests shared between them, assistance with homework, attendance at school activities or transport for medical or dental care, conversations regarding important life events and maturation, and the like. The court will look to see if the adoptive step-parent has in fact established and fulfilled the role of a parent to the child.

1. Adoptive parent and spouse birth parent:
        residence now and at time of child's birth
        birth date + location, age, sex, race, social security no.
        occupation now and at time of child's birth
        years domiciled in Colorado and whether military
        birth mother's maiden name
        cohabitation date + marriage date and location
        relationship to child
        Petitioner adoptive parent is of good moral character, is gainfully employed, has the ability to support and educate the child and maintains a suitable home for the child

2. Child
        name at present and after adoption
        residence now and at time of birth
        birth date + location, age, sex, race, social security no.
        description of child's property
        guardian of child's person or estate
        caretaking arrangements since separation from non-residential birth parent

3. Prior court orders regarding custody, guardianship or support
        date, location, court, case number, contents of former orders

4. Other children of adoptive parent or spouse birth parent
        identification information - natural or adopted, living or dead

5. Non-residential birth parent
        residence now and at time of child's birth
        birth date + location, age, sex, race, social security no.
        occupation now and at time of child's birth
        relationship to child
        circumstances surrounding support since separation from child + arrearage, if any
        circumstances surrounding physical visits or abandonment, if any, since separation from child

6. Circumstances surrounding an offer, if any, of the residential birth parent to waive child support arrearages in return for the non-residential birth parent's relinquishment.

7. Consent of residential birth parent spouse to the adoption.

8. Consent of the child to be adopted if age 12 or above. (Little ones seem to get a kick out of signing a consent, even with crayon drawings)

9. Petitioner adoptive parent, residential birth parent spouse and child are residents of the county and state in which the petition is filed to confer jurisdiction and venue.

10. Petition is filed in good faith for the purpose of building a nuclear family, not for an illegitimate purpose such as vendetta or to gain access to a child's assets.

11. The best interest of the child will be served by the adoption.

12. By statute: whether the prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a felony in one of the following areas: child abuse or neglect; spousal abuse; any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, or other physical assault or battery. In addition, the petitioner shall attach to the petition a current criminal records check, paid for by the petitioner. I also include similar information reported by the client regarding the residential birth parent or non-residential birth parent, except that criminal records histories are not attached for the residential birth parent or non-residential birth parent unless such crimes exist.

13. Whether or not the adoptive step-parent has ever been delinquent in child support regarding another child for whom support was ordered, or whether the adoptive step-parent has ever relinquished parental rights regarding another child with whom he had a legal parent-child relation.

14. A statement of all attorney's fees charged or costs relative to this adoption must be filed, as well as a statement of any amounts given to the non-residential birth parent or any other third person. The legislature's intent was to avoid black market babies - CRS 19-5-213 above.

        The adoptive step-parent will file a petition asking the court to approve placement, terminate the legal parent-child relation of the non-residential birth parent and to grant a decree of adoption establishing the legal parent-child relation between petitioner and the child.  Adoptions are filed in juvenile court; e-Filing is not available at this time.

        Upon filing, the court will review placement and enter an order regarding approval. A return date on the petition will be set by the court. The non-residential birth parent is entitled to 20 days notice if a resident of Colorado, 30 days notice if a resident out of Colorado. I generally set that return date 75 - 90 days after filing to allow time for service of process and response time to elapse on interrogatories and requests for admissions.

        If the non-residential birth parent has failed to file a response or otherwise contact petitioner, counsel or the court, the court will hear the merits of the case at the return date. A decree may enter terminating the parent-child relation of the non-residential birth parent and a separate decree may enter granting the adoption. The client is provided with certified copies of each decree. A certified copy of the decree of relinquishment or termination is sent to the non-residential birth parent.

        Juvenile court has exclusive jurisdiction in adoptions. Proceedings are closed to the public - the courtroom doors are actually locked to preserve confidentiality.

        At the final orders hearing, the court will usually permit admittance of family members if requested by the parties. The child can be kept in the hall and shielded from termination testimony, however must be physically present during adoption testimony. Courts frequently permit camcorder recording, or still photographs. After entry of orders, it has been my experience that juvenile magistrates may be most willing to have the child placed in his or her lap for a photograph at the bench with family members surrounding the Court. Kids have been able to pound the gavel and play judge. I've seen juvenile magistrates present a cupcake, light a sparkler or waive a magic wand. This is a joyous event. Don't forget your camera.  If I provide representation, at final hearing I would bring a digital camera to memorialize the occasion & provide pictures to the client on CD.  That service would be free in celebration of the adoption.

        A certified copy of each decree is sent to the state agency which entered the original birth certificate. A new birth certificate is prepared reflecting the adoptive step-parent and spouse birth parent as birth parents for the child. The original birth certificate is sealed and not accessible pursuant to CRS 25-2-113

        In the adoption decree, the child's first and middle names may be retained, or may be changed. The surname is frequently changed to that of the adoptive parent, however that also is parental choice. You should consider names. If the child is not an infant, consult the child and perhaps a child psychologist. Change of identity by changing the first and middle names is a family decision, but may not be a good idea.

        An adoption should be commenced for the purpose of building a lawful, nuclear family. Usually the family exists in fact long before an attorney is contacted, and the purpose is simply to give that family legal existence and validity. However, an adoption should never be commenced as a means of punishing the absent birth parent.

        Once final orders are entered, the adoptive step-parent becomes a lawful parent as though he or she were a birth parent of a child born in lawful wedlock. Should your marriage later fail and dissolution of marriage proceedings be commenced, the adoptive parent has equal standing for allocation of parental rights and parenting time (fka custody and visitation). By the same token, he or she will also be held to the same standard as any other parent for child support. Regardless of the spouse birth parent's income capacity, you can not say oooops, judge this adoption was a mistake and let's set it aside - he or she doesn't need the support. 

        Set aside does not happen.  Succinctly stated.  Be certain of your purposes and marriage stability.

        In cases where the adoptive parent is the step-father, this attorney has encountered statements from the spouse birth mother that she was uncertain as to the identity of the birth father. That is not acceptable. In such a circumstance, each man with whom she had sexual intercourse at or near the time of conception must be served as a putative (alleged or possible) birth father. This attorney has also been advised the location of the non-residential birth parent is unknown. That also is not acceptable. You can't hide the adoption from the birth parent.

        The non-residential birth parent must be given notice of the proceedings to terminate his or her legal parent-child relation. Constitutional due process (fairness) mandates notice.

        If you are unable to personally serve the non-residential birth parent, publication in the local newspaper will be ordered. That is called constructive notice, the best notice that can be given under the circumstances. Before you publish, you must file a motion for publication with the court, accompanied by an affidavit of the efforts made to locate the non-residential birth parent. If the court finds reasonable efforts have failed to locate, an order for publication will enter.

        The parent-child legal relationship is the structural foundation of family. It is constitutionally protected. Any decree of termination or adoption entered upon publication notice is subject to later collateral attack. The non-residential birth parent may ask that the court orders be set aside upon the grounds that he or she did not receive notice, insufficient efforts were utilized to locate and provide notice to him or her, and the proceedings are constitutionally defective. That's the stuff of which those heart rendering TV movies are made.  Don't try to hide the location of the birth parent being terminated.

        If the non-residential birth parent is willing to sign a paper saying he or she received the legal documents, you can use the mail and there is no charge for service of process. That is called waiver and acceptance of service of process. Parents whose rights are being terminated don't sign. I don't recommend attempting waiver of service. Attempted wavier of service only sets up expense of re-preparing the suit for service and necessity of re-setting the court return date.

        Notice is best accomplished by personal service - a person unrelated to the litigation physically hands the non-residential birth parent a copy of the lawsuit documents which include the court return date, then provides an affidavit of service of process. Once the non-residential birth parent has been given personal service notice of the lawsuit and the return date, he or she is then precluded from a later collateral attack based upon lack of notice. If I am your counsel, I require that back door be closed.  To avoid grounds for collateral attack, I will skip trace or utilize the services of a private investigator to locate the non-residential birth parent and provide notice by personal service.  If a client declined skip tracing or investigator services, I would refuse or withdraw representation.

        Relinquishment or termination decree and adoption decree sever all legal relationships between the non-residential birth parent and the child. Extended family rights such as grandparent are derivative, and thus are also severed. The adoptive parent and residential birth parent should never promise or agree to continued visitation or other rights in exchange for relinquishment or for some other reason. Do not create any expectations. Those promises, agreements, inducements, offers or weak moments may later be used as a reason to set aside the termination and adoption.

        Waiver of child support arrearages in return for voluntary relinquishment would be the only exception to the rule against promises to the opposing birth parent, and even that would be documented in the adoption proceedings.

        For this website discussion:

1.         Grand parent adoption refers to adoption wherein a relinquishing birth parent designates the grand-parent(s) as the guardian(s) and proposed adoptive parent(s).  This is known as a designated adoption.

2.         Relative adoption refers to adoption wherein a relinquishing birth parent designates a relative as the guardian(s) and proposed adoptive parent(s).  Statutorily defined relationship is that of the child's aunt, uncle, brother, or sister.

        Designated grandparent adoption or relative adoption is a hybrid between the straight adoption and step-parent adoption process.

        a.  In step parent adoptions, relinquishment or termination occurs in the same lawsuit and is generally entered at the same time as the adoption decree.  
        b.  In straight adoptions, relinquishment or termination of parental rights is the subject of a separate lawsuit for each birth parent.  
        c.  In grandparent or relative adoptions, relinquishment or termination of parental rights is again the subject of a separate lawsuit for each birth parent.

        No placement of any child legally available for adoption shall be made for the purposes of adoption except by the court, the county department of social services, or a licensed child placement agency.  CRS 19-5-206(1)  

         Birth parent or parents may designate a specific applicant with whom they may wish to place their child for purposes of adoption. After assessment and approval of the potential adoptive parents and subsequent relinquishment of the child, the court shall grant guardianship of the child to a person or agency described in section 19-5-104 (1) until finalization of adoptive placement...  All requirements and provisions of this article pertaining to relinquishment and adoption shall apply to designated adoptions.  CRS 19-5-206 (2) (a)

        Where grandparent or relative adoptions differ from a non-relative straight adoption:

1.         The court may waive the assessment and approval requirements of paragraph (a) of this subsection (2) in cases where the birth parent or parents have designated the child's grandparent, aunt, uncle, brother, or sister as the person with whom they wish to place their child for purposes of adoption. The court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.  CRS 19-5-206 (2)(c)

2.         The court may waive the assessment and approval of the potential adoptive parents in cases involving kinship or custodial adoption or may determine and order what kind of information or written report it deems necessary, including an abbreviated home study or home evaluation. The court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.   CRS 19-5-206 (2)(c)

3.         This essentially means the court may, in its discretion - but need not, proceed to finalization without requiring involvement of and assessment by  an adoption agency - licensed child placement agency.  Prior guardianship or residential care of the child by the grandparent or relative increases the potential for the court to waive the licensed child placement agency assessment, homestudy, background check and possible parenting classes.  This is a significant expense savings - possibly thousands of dollars.

        Herein comes a major difference between step-parent adoption and grandparent or relative adoption.

        Except in step-parent adoption, the Colorado relinquishment statute provides for relinquishment counseling.  This includes grandparent or relative adoption.  Refer to the link to read the statute, or Colorado Revised Statutes (CRS) are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books..

        CRS 19-5-103(1)(a) provides any parent desiring to relinquish his or her child shall obtain counseling for himself or herself and the child to be relinquished as the court deems appropriate.  The relinquishing parent and petitioning grandparent or relative may request that the court waive relinquishment counseling, however other language contained in the statutes and Birth Parent's Relinquishment Affidavit emphasize relinquishment counseling.  Litigants should anticipate that the request will be denied and that proceedings will be stayed until relinquishment counseling has been conducted by an adoption agency - licensed child placement agency.  The cost of relinquishment counseling may exceed $1,200.  Call any agency for prices.  For a listing of Colorado Child Placement Agencies, you may contact the El Paso County DHS - fka DSS or the Colorado State Department of Human Services.

        Attorney Note.  Representing an adoptive grandparent or other relative, on the conservative side I advise my clients that relinquishment counseling for the relinquishing birth parent is prudent.  If the relinquishment counseling is conducted, a door is closed to possible subsequent collateral attack.  If not conducted, the relinquishing parent could potentially later claim he / she did not have a full understanding of the consequences and ramifications of his or her relinquishment act and due process protections were not afforded.  Pay for and have the birth parents complete relinquishment counseling before you commence the relinquishment and adoption legal proceedings.

1.  ACCESS TO COURT RECORDS The relevant statutes are CRS 19-5-301, et. seq.
                CRS 19-5-301 Legislative Declaration
                CRS 19-5-302 Repealed
                CRS 19-5-303 Intermediary Commission
                CRS 19-5-304 Confidential Intermediaries
                CRS 19-3-305 Access to Adoption Records - Contact
                CRS 19-5-306 Public Information Campaign
                CRS 19-5-307 Child Placement Agency - Transfer of Records
        Vital Records - Adoption - Frequently Asked Questions (FAQ)
                Information re birth certificates & identifying / locating birth families
        Colorado Courts - Forms - Adoption - Confidential Intermediary - Index & Download
            Proceedings to open adoption and relinquishment court files

ADOPTIONS PRIOR TO SEPTEMBER 1, 1999

        A person may file a motion with the court to have a confidential intermediary appointed who has been trained by the state. The appointed intermediary will be given access to court records.

        Any information obtained by the confidential intermediary during the course of his or her investigation shall be kept strictly confidential and shall be utilized only for the purpose of arranging a contact between the individual who initiated the search and the sought-after biological relative or for the purpose of obtaining consent for the release of adoption records.

        When a sought-after biological relative is located by a confidential intermediary on behalf of the individual who initiated the search, the confidential intermediary shall obtain consent from both parties that they wish to personally communicate with one another.

        Contact shall be made between the parties involved in the investigation only when consent for such contact has been received by the court.

        If consent for personal communication is not obtained from both parties, all relinquishment and adoption records and any information obtained by any confidential intermediary during the course of his or her investigation shall be returned to the court and shall remain confidential.

ADOPTIONS ON OR AFTER SEPTEMBER 1, 1999

        All adoption records relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adult adoptee, an adult adoptive parent, or the legal representative of any such individual. In addition, some records specified by statute relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adult adoptee's adoptive grandparent, an adult descendant of an adult adoptee or the adoptive parent, an adoptee's legal guardian, an adoptee's spouse, or the legal representative of any such individual. No other person or entity shall have access to such records except as otherwise provided by law.

        The adoption records shall not be open for inspection or available for copying with respect to any identifying information concerning a birth parent if such birth parent has previously provided the court with a signed and notarized written statement within three years after the final order of relinquishment or termination specifying that such parent wishes the identifying information concerning that parent to remain confidential. The written statement shall remain in the court's relinquishment or termination file unless later withdrawn by the parent. The birth parent submitting such a written statement may also submit to the court a letter of explanation that shall be released to the adoptee at the time that the adoptee makes a request for inspection of the adoption records.

        An adult adoptee may, at any time, provide the court that finalized the adoption with a signed and notarized written statement specifying that such adult adoptee wishes to maintain the identifying information concerning that adoptee confidential. The written statement shall remain in the court's adoption file unless later withdrawn by the adoptee.

        If either an adult adoptee or a birth parent has provided a statement to the court file requesting confidentiality, a motion may nevertheless be filed requesting the confidential intermediary process.

        Contact by an adult adoptee, an adult adoptive parent, or an adult descendant of the adoptee or the adoptive parent with a birth parent or biological relative may be attempted at any time directly or through another person or agency including, but not limited to, a confidential intermediary.

        Contact with a birth parent who has previously provided a written statement to the court as described above may be attempted through a court appointed confidential intermediary.

        A birth parent shall have access to adoption records and contact with the adoptee or the adoptive family as otherwise provided by law - via an intermediary.

2.  ACCESS TO IDENTIFYING INFORMATION 
    OF LICENSED CHILD PLACEMENT AGENCIES

        Upon proof of identity of the person submitting the consent form, a licensed child placement agency shall accept a consent form from an adult adoptee or from either adult adoptee's birth parent or from an adult adoptive parent authorizing the release of identifying information, as that term is statutorily defined, to the extent such information is available to the child placement agency.

        Upon inquiry by an adult adoptee or an adult adoptee's birth parent or an adult adoptive parent seeking information about another party from a licensed child placement agency, the child placement agency shall be authorized to release identifying information to the inquiring person, upon proof of identity by the inquiring person, if the licensed child placement agency is in possession of a consent form from the party about whom information is sought authorizing such release.

        In those circumstances in which a child placement agency has released identifying information, the child placement agency may attempt to locate the person who had originally submitted the consent form and, upon locating such person, advise him or her of the release. If the inquiring person also submitted a consent form authorizing the release of identifying information about him or her, the child placement agency may provide such identifying information to the person located.

        A licensed child placement agency that accepts a consent form may charge a reasonable fee to cover the direct and indirect costs associated with the services provided if a written fee agreement has been signed by the agency and the party submitting the consent form prior to the provision of any service. The licensed child placement agency shall be required to provide a list of names, addresses, and telephone numbers of organizations performing similar services prior to signing any fee agreement with any party submitting a consent form. Information in the post-adoption record is confidential and shall not be disclosed by the department of human services, a licensed child placement agency, or a court except as specifically permitted by statute or as may be deemed necessary by the department of human services in performing its duties.

        If multiple siblings were adopted, access to adoption records and contact with an adoptee shall not occur until all of the siblings adopted by the family have attained eighteen years of age.

3.  VOLUNTARY ADOPTION REGISTRY

        A voluntary adoption registry has been established by the State of Colorado pursuant to CRS 24-2-113.5  Adult adoptees or parents who relinquished a child may file identification, a consent and a method of contact. In the event of a matching inquiry, the registry will notify each inquiring party of the match before releasing identifying information. The sealed original birth certificate will not be released. A small fee is assessed by the state. Relevant Colorado agency:

Colorado Department of Health - Vital Records - Adoption Coordinator

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

        At the time of the first visit, a prospective client will be quoted hourly attorney fees and estimated costs. The hourly fee and initial trust deposit quotes will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.