C.R.S.
Section 19-5-203.5
Confirmatory adoption
- short title
- definitions
(1)
As used in this section, unless the context otherwise requires:(a)
“Court” means a district or juvenile court that has jurisdiction over the adoption.(b)
“Petitioner” means the person or persons filing a petition for adoption in accordance with this section.(2)
Intentionally left blank —Ed.(a)
Whenever a child is conceived as a result of assisted reproduction and the person who did not give birth is a parent or a presumed parent pursuant to section 19-4-106, or a child has a presumed parent pursuant to section 19-4-105, or when married parents engaging in surrogacy in another state that results in a court order establishing only one spouse as the parent, the parents may complete an adoption of the child to affirm parentage in accordance with this section. Both parents must join the petition as petitioners.(b)
A complete petition for adoption must include the following documents:(I)
A copy of the petitioners’ marriage or civil union certificate if the parents were married or in a civil union at the time of birth, if applicable, and declarations by the parent who did not give birth explaining the circumstances of birth and that the person is a parent based on contributing gametes or consenting to the conception of a child through assisted reproduction pursuant to section 19-4-106 and attesting that the child was born as a result of assisted reproduction and attesting that no competing claims of parentage exist;(II)
A copy of the child’s birth certificate;(III)
If the child has attained the age of twelve years of age, the consent of the child; and(IV)
A sworn statement by each petitioner acknowledging parentage.(c)
A complete petition for adoption, as described in subsection (2)(b) of this section, serves as the petitioners’ written consent to adoption.(d)
If the child is conceived using sperm, an egg, or an embryo from a donor, the court shall not require notice of the adoption to the donor or consent to the adoption by the donor.(3)
Intentionally left blank —Ed.(a)
The petitioners may file in, and jurisdiction is appropriate in, any of the following:(I)
The county where the child at issue is conceived or born;(II)
The county of residence of one or both of the petitioners; or(III)
A Colorado county chosen by the petitioners so long as the child was conceived or born in Colorado. The petitioners are not required to be residents of Colorado for jurisdiction to be appropriate so long as the child was conceived or born in Colorado.(b)
Unless otherwise ordered by the court for good cause shown, for purposes of evaluating and granting a petition for adoption pursuant to this section, the court shall not require:(I)
An in-person hearing or appearance;(II)
A home study by, notice to, or approval of the state department of human services or a licensed child placement agency as defined in section 19-1-103;(III)
Fingerprinting or a criminal offender record information search;(IV)
Verification that the child is not registered with the federal register for missing children or the central register; or(V)
A minimum residency period in the home of the petitioner.(4)
Intentionally left blank —Ed.(a)
The court shall grant the adoption and issue a decree of adoption within thirty days after finding:(I)
The petitioner filed a complete petition for adoption pursuant to subsection (2)(b) of this section; and(II)
Intentionally left blank —Ed.(A)
For parents who are spouses or civil union partners, the petitioners were married or in a civil union at the time of the child’s conception or birth; or(B)
For presumed parents, or any other person with a claim to parentage of the child who is required to provide notice of, or consent to, the adoption, the person has received notice and provided consent to the adoption.(b)
A petition to adopt, pursuant to this section, when a petitioner’s parentage is presumed or legally recognized under Colorado law, must not be denied solely on the basis that the petitioner’s parentage is already presumed or legally recognized.(c)
When parentage is presumed or legally recognized pursuant to Colorado law, failure to petition for adoption pursuant to this section may not be considered as evidence when two or more presumptions conflict pursuant to section 19-4-105 (2)(a), nor in determining the best interest of the child.(5)
After the decree of adoption is issued regarding a child born to one or more parents, regardless of marital status, each parent is considered an equal parent with equal parenting rights and responsibilities.(6)
The decree of adoption must include findings that the parent who gave birth, or the adjudicated parent, and the parent who adopted the child are the parents of the child.(7)
The short title of this section is “Marlo’s Law”.
Source:
Section 19-5-203.5 — Confirmatory adoption - short title - definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-19.pdf (accessed Oct. 20, 2023).
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