(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) (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) (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) (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) (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.