C.R.S. Section 19-5-109
Birth parent access to records related to relinquishment of parental rights


(1)

Intentionally left blank —Ed.

(a)

Except for relinquishments ordered pursuant to section 19-5-105.5 (6.6) or 19-5-105.7 (9) or when the subsequent termination of the parent-child legal relationship is the result of a dependency and neglect action, in those cases in which a parent consents to the relinquishment of his or her child, the custodian of records shall provide to the relinquishing birth parent to whom the document pertains a copy of the relinquishment records, in the possession of the custodian of records, that are signed by the relinquishing birth parent or by a parent, guardian, custodian, or legal representative on behalf of the relinquishing birth parent and any of the following records listed in this paragraph (a) in which the relinquishing birth parent is named, including:

(I)

The original birth certificate of the child who is being relinquished;

(II)

The petition to relinquish;

(III)

The final order of relinquishment;

(IV)

The affidavit of counseling, excluding any attachments and excluding any notes or prerelinquishment counseling documents;

(V)

The temporary waiver of custody;

(VI)

Expedited relinquishment documents, if applicable;

(VII)

A relinquishment interrogatory from a birth parent;

(VIII)

The order for publication of relinquishment;

(IX)

The notice to terminate the parent-child legal relationship; and

(X)

The medical records of a birth mother related to the pregnancy and birth, which records may only be released by the health-care provider, hospital, or maternity home that created the record.

(b)

The custodian of records shall provide the records described in paragraph (a) of this subsection (1) to the relinquishing birth parent at the time of relinquishment of the child or at the time the document is created.

(2)

If the records described in subsection (1) of this section were not provided to a birth parent at the time of the relinquishment of the child or at the time the document was created and if the subsequent termination of the parent-child legal relationship was not the result of a dependency or neglect action, then upon written request and proof of identification of the birth parent, the custodian of records shall provide access to and copies of the records described in subsection (1) of this section to the birth parent. Nothing in this section prevents the release of the records described in subsection (1) of this section to a birth parent who was a minor at the time of the relinquishment of a child in circumstances where the record was signed by a parent, guardian, legal custodian, or legal representative on behalf of the relinquishing birth parent.

(3)

A licensed child placement agency is not liable to any person for the failure of a birth parent to request copies of the records described in subsection (1) of this section pursuant to the provisions of subsection (1) or subsection (2) of this section. A licensed child placement agency or succeeding custodian of records is not liable to any person for failure to produce a copy of a record that did not exist pursuant to the provisions of the Colorado Revised Statutes or rules at the time of the relinquishment of the child.

Source: Section 19-5-109 — Birth parent access to records related to relinquishment of parental rights, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑5‑100.2
Legislative declaration
19‑5‑100.5
Applicability of article
19‑5‑101
Termination of the parent-child legal relationship
19‑5‑102
Venue
19‑5‑102.5
Relinquishment hearings - court docket priority
19‑5‑103
Relinquishment procedure - petition - hearings
19‑5‑103.5
Expedited relinquishment procedure - children under one year of age - other birth parents - notice - termination
19‑5‑103.7
Anticipated expedited relinquishment - children under one year of age - notice to other or possible parent - administrative procedures
19‑5‑104
Final order of relinquishment
19‑5‑105
Proceeding to terminate parent-child legal relationship
19‑5‑105.5
Termination of parent-child legal relationship upon a finding that the child was conceived as a result of sexual assault - legislative declaration - definitions
19‑5‑105.7
Termination of parent-child legal relationship in a case of an allegation that a child was conceived as a result of sexual assault but in which no conviction occurred - legislative declaration - definitions
19‑5‑108
When notice of relinquishment proceedings required
19‑5‑109
Birth parent access to records related to relinquishment of parental rights
19‑5‑200.2
Legislative declaration
19‑5‑201
Who may be adopted
19‑5‑202
Who may adopt
19‑5‑202.5
Adoption hearings - termination appeals - court docket priority - exceptions
19‑5‑203
Availability for adoption
19‑5‑203.5
Confirmatory adoption - short title - definitions
19‑5‑204
Venue
19‑5‑205
Adoption decree of foreign country approved
19‑5‑205.5
Nonpublic agency interstate and foreign adoptions - authority for state department to select agencies - legislative declaration
19‑5‑206
Placement for purposes of adoption
19‑5‑207
Written consent and home study report for public adoptions - fingerprint-based criminal history record checks - investigation - rules
19‑5‑207.3
Placement of sibling groups
19‑5‑207.5
Legislative declaration - standardized home studies - adoptive family resource registry - rules
19‑5‑208
Petition for adoption - open adoption - post-adoption contact agreement
19‑5‑209
Petition - written home study reports
19‑5‑210
Hearing on petition
19‑5‑211
Legal effects of final decree
19‑5‑212
Copies of order of adoption - to whom given
19‑5‑213
Compensation for placing child prohibited
19‑5‑213.5
Unauthorized advertising for adoption purposes - exceptions - penalty - definitions
19‑5‑214
Limitation on annulment of adoption - best interests standard
19‑5‑216
Increased access for adoption - study
19‑5‑217
Enforcement or termination of post-adoption contact agreement
19‑5‑301
Legislative declaration
19‑5‑303
Commission created - duties
19‑5‑304
Confidential intermediaries - confidential intermediary services
19‑5‑305
Access to adoption records - contact with parties to adoption - contact preference form and updated medical history statement - definitions
19‑5‑305.5
Access to personal records relating to a former ward of the state home for dependent and neglected children - other eligible parties - definitions
19‑5‑306
Public information campaign
19‑5‑307
Child placement agency - transfer of records
19‑5‑402
Access to nonidentifying information
19‑5‑403
Authority for department to select agencies
Green check means up to date. Up to date

Current through Fall 2024

§ 19-5-109’s source at colorado​.gov