C.R.S. Section 19-5-203
Availability for adoption


(1)

A child may be available for adoption only upon:

(b)

Order of the court decreeing the voluntary relinquishment of the parent-child legal relationship under section 19-5-103, 19-5-103.5, or 19-5-105;

(d)

Intentionally left blank —Ed.

(d.5)

Intentionally left blank —Ed.

(II)

In a petition for a second-parent adoption, the court shall require a written home study report prepared by a county department of human or social services, designated qualified individual, or child placement agency and approved by the department pursuant to section 19-5-207.5 (2). If the child of a sole legal parent was adopted by that parent less than one hundred eighty-two days prior to the filing of an adoption petition by a second prospective parent and if the second prospective parent was included in the home study report that was prepared pursuant to section 19-5-207 for the adoption of the child by the first parent, then that home study report is a valid home study report for the purpose of the second parent’s adoption. If the filing of a petition for adoption by the second prospective parent occurs one hundred eighty-two days or more after the adoption by the first parent, a separate home study report is required pursuant to section 19-5-207.

(g)

A statement by the department of human services or its designated agent as to whether any placement arranged outside the state of Colorado was carried out by a child placement agency licensed or authorized under the laws of another state to make placements;

(h)

Verification by the child placement agency, a county department of human or social services, or the attorney for the petitioner in any adoption proceeding that any custody obtained outside the state of Colorado was acquired by:
(i)
Verification by the department of human services or its designated agent that any custody obtained outside the state of Colorado was acquired by proceedings sanctioned by the federal immigration and naturalization service, or any successor agency, in cooperation with the department of human services whenever such cooperation is authorized or advised by federal law;

(j)

Submission of an affidavit or sworn testimony of the adoptive relative in a kinship adoption that the birth parent or birth parents have abandoned the child for a period of one year or more or that the birth parent or birth parents have failed without cause to provide reasonable support for such child for a period of one year or more, and that the relative seeking the kinship adoption has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title. Upon filing of the petition in adoption, the court shall issue a notice directed to the birth parent or birth parents, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the birth parent is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that describes with specificity the diligent search made by the petitioner, and that states that, after diligent search, the address of the birth parent or birth parents remains unknown, the court shall order service upon the birth parent or birth parents by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such hearing, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).

Source: Section 19-5-203 — Availability for adoption, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Dec. 24, 2024).

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 2025

§ 19-5-203’s source at colorado​.gov