Adoption in Colorado
	Lesson Summary. An adoption usually first involves the termination of the biological parent’s legal rights, so that the child is available for adoption. The termination of parental rights can be by both voluntary relinquishment or a finding that the parent is unfit.

In Colorado, there are 5 different types of adoption proceedings where an existing parent-child relationship is terminated and a new legal relationship is ordered.

1. Stepparent Adoption. An adoption where a prospective parent is married to the biological mother or father of the child. This sometimes occurs when the other biological parent has not provided child support for at least 1 year.

2. Custodial Adoption. An adoption where the prospective parent is not related to the child.

3. Foreign Adoption Validation. Where an order is requested declaring an adoption performed in a foreign county to be valid.

4. Kinship Adoption. An adoption initiated by a prospective parent who is related to the child (such as aunt, uncle, sister, etc.) Particularly where a child has lived with such prospective parent for at least 1 year.

5. Adult Adoption. Where an adult is adopted for estate planning purposes, so that the adoptee can inherit property.

In all adoptions, existing parental rights and obligations (whether biological or not) are terminated, so that the child is available for adoption. After the termination, then the adoption may occur, generally with the consent of both biological parents.

In a friendly adoption situation, an existing parent agrees to relinquish parental rights to a designated “new” parent, with the understanding that the child will be loved and cared for. The court will often require counseling for the parent who is considering relinquishing parenting rights. If the child is 12 years or older, the child may also have to undergo counseling. The relinquishment must be in the best interests of the child.

In other cases, the State of Colorado can file a dependency and neglect case to terminate the parental relationship if the parents are determined to be unfit and not taking substantial parenting responsibility for a child.

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