(1) A child may be available for adoption
only upon:
(a) Order of the court terminating the parent-child legal relationship in a
proceeding brought under article 3 or 5 of this title;
(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;
(c) Written and verified consent of the guardian of the person, appointed by
the court, of a child whose parents are deceased;
(d) (I) Written and verified consent of the parent in a stepparent adoption
where the other parent is deceased or his parent-child legal relationship has been
terminated under paragraph (a) or (b) of this subsection (1);
(II) Written and verified consent of the parent in a stepparent adoption,
accompanied by an affidavit or sworn testimony of such parent, that the other birth
parent has abandoned the child for a period of one year or more or that the other
birth parent has failed without cause to provide reasonable support for such child
for a period of one year or more. Upon filing of the petition in adoption, the court
shall issue a notice directed to the other parent, 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 other 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, after diligent
search, the address of the other parent remains unknown, the court shall order
service upon the other parent 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 time, the court may enter a final decree of adoption notwithstanding
the time limitation in section 19-5-210 (2).
(d.5) (I) Written and verified consent in a second-parent adoption that the
child has a sole legal parent, and the sole legal parent wishes the child to be
adopted by a specified second adult.
(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.
(e) Written and verified consent of the parent having only residual parental
responsibilities when custody or parental responsibilities have been awarded or
allocated to the other parent in a dissolution of marriage proceeding where the
spouse of the parent having custody or parental responsibilities wishes to adopt the
child;
(f) Written and verified consent of the parent or parents, as defined in
section 19-1-103, in a stepparent adoption where the child's parents were not
married at the time the child was conceived and born;
(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) Proceedings to relinquish all parent-child legal relationships which
complied with the laws of the state where conducted or conformed substantially to
the laws of this state; or
(II) Proceedings to terminate all parent-child legal relationships which
complied with the laws of the state where conducted or conformed substantially to
the laws of this state; or
(III) Written and verified consent, under the conditions set forth in
paragraphs (c) to (f) of this subsection (1), which was executed in accord with the
laws of the state where granted or in substantial conformity with the laws of this
state;
(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).
(k) Submission of an affidavit or sworn testimony of the legal custodian or
legal guardian in a custodial 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 legal custodian or legal guardian seeking
the custodial adoption has had the child in his or her physical custody for a period
of one year or more. 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 or birth
parents 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).
(2) Written consent to any proposed adoption shall be obtained from the
person to be adopted if such person is twelve years of age or older.