reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4 - UNIFORM PARENTAGE ACT (§§ 19-4-101 — 19-4-130) › Section 19-4-127 - Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and, to this end, the provisions of this article are severable.
L. 87: Entire title R&RE, p. 800, § 1, effective October 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-129 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4 - UNIFORM PARENTAGE ACT (§§ 19-4-101 — 19-4-130) › Section 19-4-128 - Right to trial to court

Any party may demand a trial to the court to determine the existence or nonexistence of the parent and child relationship. No party may demand a jury trial, and notwithstanding any demand which may have been made, trial shall be to the court and not to a jury.
L. 88: Entire section added, p. 746, § 15, effective July 1. L. 92: Entire section amended, p. 183, § 3, effective August 1. L. 94: Entire section amended, p. 1542, § 16, effective May 31. L. 97: Entire section amended, p. 1276, § 17, effective July 1.
For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4 - UNIFORM PARENTAGE ACT (§§ 19-4-101 — 19-4-130) › Section 19-4-129 - Child support - guidelines - schedule of basic support obligations

The provisions of section
14-10-115
, C.R.S., shall apply to all child support obligations, established or modified, as part of any proceeding under this article, whether filed on or subsequent to July 1, 1988.
L. 88: Entire section added, p. 746, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4 - UNIFORM PARENTAGE ACT (§§ 19-4-101 — 19-4-130) › Section 19-4-130 - Temporary orders for allocation of parental responsibilities

(1)
Upon the filing of any proceeding under this article 4 or under article
13.5
of title
26
, the court shall, upon motion of a party, enter a temporary or permanent order allocating parental responsibilities that allocates the decision-making responsibility and parenting time of the child until further order of the court.
(2)
Subsection (1) of this section does not apply to any parentage determination made pursuant to section
14-5-402
.
Amended by 2023 Ch. 330,§ 23, eff. 6/2/2023.
Amended by 2015 Ch. 173, § 35, eff. 7/1/2015.
L. 92: Entire section added, p. 184, § 4, effective August 1. L. 96: Entire section amended, p. 612, § 14, effective July 1. L. 98: (1) amended, p. 1410, § 72, effective 2/1/1999. L. 2015: (2) amended, (HB 15-1198), ch. 173, p. 568, § 35, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-101 - Short title

The short title of this article 4.5 is the "Colorado Surrogacy Agreement Act".
Added by 2021 Ch. 103,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1022), ch. 409, p. 409, §1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-102 - Legislative declaration

(1)
The general assembly finds and declares that surrogacy agreements executed pursuant to this article 4.5 are in accord with the public policy of this state.
(2)
The general assembly further finds and declares that the purpose of this article 4.5 is to:
(a)
Establish consistent standards and procedural safeguards to promote the best interests of the children who are born as a result of surrogacy agreements executed pursuant to this article 4.5;
(b)
Protect all parties involved in surrogacy agreements executed pursuant to this article 4.5; and
(c)
Recognize the technological advances in assisted reproductive medicine and allow the use of these advances by intended parents and gestational surrogates and genetic surrogates according to the public policy of this state.
Added by 2021 Ch. 103,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1022), ch. 409, p. 409, §1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-104 - Eligibility requirements

(1)
To execute an agreement to act as a gestational surrogate or genetic surrogate, an individual must:
(a)
Be at least twenty-one years of age;
(b)
Previously have given birth to at least one child;
(c)
Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor;
(d)
Complete a mental health consultation by a licensed mental health professional; and
(e)
Have independent legal representation of their choice by an attorney licensed in this state throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
(2)
To execute a surrogacy agreement, each intended parent, whether or not genetically related to the child, must:
(a)
Be at least twenty-one years of age;
(b)
Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor; and
(c)
Have independent legal representation of the intended parent's or parents' choice by an attorney licensed in this state throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.
Added by 2021 Ch. 103,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1022), ch. 411, p. 411, §1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-105 - Process requirements for a surrogacy agreement

(1)
A surrogacy agreement must be executed in compliance with the following rules:
(a)
At least one party must be a resident of this state, or the birth will occur or is anticipated to occur in this state, or the assisted reproduction performed pursuant to the surrogacy agreement will occur in this state;
(b)
A gestational surrogate or genetic surrogate and each intended parent must meet the requirements of section
19-4.5-104
;
(c)
Each intended parent, the gestational surrogate or genetic surrogate, and the surrogate's spouse, if any, must be parties to the agreement;
(d)
Each party listed in subsection (1)(c) of this section shall sign the agreement;
(e)
The signature of each party to the agreement must be attested by a notarial officer;
(f)
The intended parent or parents may pay for independent legal representation for the gestational surrogate or genetic surrogate; and
(g)
The agreement must be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by section
19-4.5-104
.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 412, p. 412, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-106 - Required contents of surrogacy agreement

(1)
A surrogacy agreement must comply with the following requirements:
(a)
A gestational surrogate or genetic surrogate agrees to attempt to become pregnant by means of assisted reproduction;
(b)
Except as otherwise provided in section
19-4.5-111
, the gestational surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement;
(c)
The gestational surrogate or genetic surrogate's spouse, if any, must acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement;
(d)
Except as otherwise provided in section
19-4.5-111
, the intended parent, or, if there are two intended parents, each one jointly and severally, immediately on birth will be the exclusive parent or parents of the child, regardless of number of children born or gender or mental or physical condition of each child;
(e)
Except as otherwise provided in section
19-4.5-111
, the intended parent, or, if there are two intended parents, each parent jointly and severally, immediately on birth will assume responsibility for the financial support of the child, regardless of the number of children born or gender or mental or physical condition of each child;
(f)
The agreement must include information disclosing how each intended parent will cover the agreed-upon expenses of the gestational surrogate or genetic surrogate, the assisted reproduction expenses, and the medical expenses for the surrogate and the child;
(g)
The agreement must permit the gestational surrogate or genetic surrogate to make all health and welfare decisions regarding themselves and the pregnancy;
(h)
The agreement must include information about each party's right under this article 4.5 to terminate the surrogacy agreement.
(2)
A surrogacy agreement may provide for:
(a)
Payment of compensation, support, and reasonable expenses; and
(b)
Reimbursement of specific agreed-upon expenses if the agreement is terminated under this article 4.5.
(3)
A right created under a surrogacy agreement is not assignable and there is no third-party beneficiary of the agreement other than the child.
(4)
In the event that any of the requirements of this section are not met, a court of competent jurisdiction shall determine parentage based on the parties' intent.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 412, p. 412, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-107 - Effect of subsequent change of marital status

(1)
Unless a surrogacy agreement expressly provides otherwise:
(a)
The marriage of a gestational surrogate or genetic surrogate after the agreement is signed by all parties does not affect the validity of the agreement, their spouse's consent to the agreement is not required, and their spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and
(b)
The dissolution, annulment, declaration of invalidity, legal separation, or separate maintenance of the gestational surrogate or genetic surrogate after the agreement is signed by all parties does not affect the validity of the agreement.
(2)
Unless a surrogacy agreement expressly provides otherwise:
(a)
The marriage of an intended parent after the agreement is signed by all parties does not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement; and
(b)
The dissolution, annulment, declaration of invalidity, legal separation, or separate maintenance of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in section
19-4.5-110
or
19-4.5-112
, the intended parents are the parents of the child.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 413, p. 413, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-108 - Termination of surrogacy agreement

(1)
A party to a surrogacy agreement may terminate the agreement, at any time before a gamete or an embryo transfer, by giving notice of termination in a record to all other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer.
(2)
Unless a surrogacy agreement provides otherwise, on termination of the agreement pursuant to subsection (1) of this section, the parties are released from the agreement; except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the gestational surrogate or genetic surrogate through the date of termination.
(3)
Except in a case involving fraud, no party is liable to any other party for a penalty or liquidated damages for terminating a surrogacy agreement under this section.
Added by 2021 Ch. 103,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1022), ch. 414, p. 414, §1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-109 - Establishment of parent-child relationship under surrogacy agreement

(1)
Except as otherwise provided in subsection (3) of this section or section
19-4.5-110 (2)
or
19-4.5-112
, on birth of a child conceived by assisted reproduction under a surrogacy agreement, each intended parent is, by operation of law, a parent of the child.
(2)
Except as otherwise provided in subsection (3) of this section or section
19-4.5-112
, neither a gestational surrogate or genetic surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.
(3)
If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage must be determined based on article
4
of this title 19.
(4)
Except as otherwise provided in subsection (3) of this section or section
19-4.5-110 (2)
or
19-4.5-112
, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the gestational surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.
(5)
A donor is not a parent of a child conceived by assisted reproduction.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 414, p. 414, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-110 - Parentage of deceased intended parent under surrogacy agreement

(1)
Section
19-4.5-109
applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.
(2)
Except as otherwise provided in section
19-4.5-112
, an intended parent is not a parent of a child conceived by assisted reproduction under a surrogacy agreement if the intended parent dies before the transfer of a gamete or embryo unless:
(a)
The agreement provides otherwise; and
(b)
The transfer of a gamete or embryo occurs not later than thirty-six months after the death of the intended parent or birth of the child occurs not later than forty-five months after the death of the intended parent.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 415, p. 415, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-111 - Court order of parentage under surrogacy agreement

(1)
Except as otherwise provided in section
19-4.5-110 (2)
or
19-4.5-112
, before, on, or after the birth of a child conceived by assisted reproduction pursuant to a surrogacy agreement, a party to the agreement may commence a proceeding in a juvenile court in this state by filing a petition for determination of parent-child relationship with admissions of parentage, as applicable by the intended parents, and admissions of nonparentage by the gestational surrogate or genetic surrogate and their spouse, if any, as applicable and for an order or judgment:
(a)
Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;
(b)
Declaring that the gestational surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;
(c)
Designating the content of the birth record in accordance with article
2
of title
25
and directing the Colorado department of public health and environment or state registrar to designate each intended parent as a parent of the child;
(d)
To protect the privacy of the child and the parties, declaring that the court record is not open to inspection;
(e)
If necessary, that the child be surrendered to the intended parent or parents; and
(f)
For other relief the court determines necessary and proper.
(2)
The court may issue an order or judgment under subsection (1) of this section before the birth of the child. The court shall stay enforcement of the order or judgment until the birth of the child.
(3)
Neither this state nor the Colorado department of public health and environment is a necessary party to a proceeding under subsection (1) of this section.
(4)
The petition described in subsection (1) of this section must set forth the facts of the surrogacy arrangement.
(5)
If a court order of parentage is issued in another state, the order must be registered with a Colorado court of competent jurisdiction before being valid in this state.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 415, p. 415, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-112 - Effect of surrogacy agreement

(1)
A surrogacy agreement that complies with sections
19-4.5-104
,
19-4.5-105
, and
19-4.5-106
is enforceable.
(2)
If a child was conceived by assisted reproduction under a surrogacy agreement that does not comply with sections
19-4.5-104
,
19-4.5-105
, and
19-4.5-106
, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.
(3)
Except as expressly provided in a surrogacy agreement or in subsection (4) or (5) of this section, if the agreement is breached by the gestational surrogate or genetic surrogate or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity.
(4)
Specific performance is not a remedy available for breach by a gestational surrogate or genetic surrogate of a provision in the agreement that the surrogate be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures.
(5)
Except as otherwise provided in subsection (4) of this section, if an intended parent is determined to be a parent of the child, specific performance is a remedy available for:
(a)
Breach of the agreement by a gestational surrogate or genetic surrogate which prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or
(b)
Breach by the intended parent which prevents the intended parent's acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage.
Added by 2021 Ch. 103, § 1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21 -1022), ch. 416, p. 416, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-113 - Duty to support

(1)
The establishment of the parent and child relationship pursuant to a valid surrogacy agreement, court order of parentage, and this article 4.5 is the basis upon which an action for child support may be brought against the intended parent and acted upon by the court or the delegate child support enforcement unit without further evidentiary proceedings.
(2)
The breach of the surrogacy agreement by the intended parent does not relieve the intended parent of the support obligations imposed by the parent and child relationship pursuant to the provisions of this article 4.5.
(3)
The donor is not the legal parent of the child thereby conceived and has no rights or duties stemming from the conception of the child.
Added by 2021 Ch. 103,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1022), ch. 417, p. 417, §1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 4.5 - COLORADO SURROGACY AGREEMENT ACT (§§ 19-4.5-101 — 19-4.5-114) › Section 19-4.5-114 - Certain provisions of law not applicable to surrogacy agreements

(1)
A surrogacy agreement is not considered:
(a)
An adoption pursuant to article
5
of this title 19; or
(b)
A surrender of custody or termination of parental rights of the child by the donor in violation of the requirements of article
3
of this title 19.
(2)
The payment of reasonable expenses and support in connection with a valid surrogacy agreement does not constitute a violation of section
19-5-213
.
Added by 2021 Ch. 103,§1, eff. 5/6/2021.
L. 2021: Entire article added, (HB 21-1022), ch. 417, p. 417, §1, effective May 6.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-100.2 - Legislative declaration

(1)
The general assembly hereby finds that parental relinquishment and adoption of children are important and necessary options to facilitate the permanent placement of minor children if the birth parents are unable or unwilling to provide proper parental care. The general assembly further finds that adoption offers significant psychological, legal, economic, and social benefits not only for children who might otherwise be homeless but also for parents who are unable to care for their children and for adoptive parents who desire children to nurture, care for, and support. Conversely, the general assembly recognizes that disrupted adoptive placements often have a profound and negative impact on individuals, particularly children, involved in the adoption proceedings.
(2)
It is the purpose of this article 5 to promote the integrity and finality of adoptions to ensure that children placed in adoptive placements will be raised in stable, loving, and permanent families. It is the further intent of the general assembly that a prospective parent with a disability should not be denied the opportunity to provide a permanent adoptive placement for a child based solely on the parent's disability, as provided for in section
24-34-805(2)
. The general assembly intends that by enacting this legislation, it will be protecting children from being uprooted from adoptive placements and from the life-long emotional and psychological trauma that often accompanies being indiscriminately moved.
Amended by 2018 Ch. 164,§ 9, eff. 4/25/2018.
L. 94: Entire section added, p. 746, § 1, effective April 20. L. 2018: (2) amended, (HB 18-1104), ch. 164, p. 1135, § 9, effective April 25.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-100.5 - Applicability of article

Except where indicated otherwise, each provision of this article pertaining to relinquishment or adoption shall apply only to child welfare adoptions and not to private adoptions.
L. 2010: Entire section added, (HB 10-1106), ch. 278, p. 1273, §4, effective May 26.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-101 - Termination of the parent-child legal relationship

(1)
The juvenile court may, upon petition, terminate the parent-child legal relationship between a parent or parents, or a possible parent or parents, and a child in:
(a)
Proceedings under section
19-1-104(1)(d)
;
(a.5)
Proceedings under section
19-5-103.5(2)(d)
;
(b)
Proceedings under section
19-5-105
;
(c)
Proceedings under section
19-5-203(1)(d), (1)(e), (1)(f), (1)(j), and (1)(k)
; or
(d)
Proceedings under section
19-5-105.5
.
(2)
No parent shall relinquish the parent-child legal relationship with a child other than in accordance with the provisions of this article.
(3)
A termination by a court of a parent-child legal relationship pursuant to proceedings under this section or any section described by subsection (1) of this section shall not be deemed to terminate a sibling relationship between sibling children who are parties to the termination of the parent-child legal relationship.
Amended by 2013 Ch. 353,§ 2, eff. 7/1/2013.
L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 99: (1) amended, p. 1065, § 9, effective June 1. L. 2007: (1) amended, p. 113, § 1, effective July 1. L. 2008: (3) added, p. 2, § 2, effective August 5. L. 2013: (1)(b) and (1)(c) amended and (1)(d) added, (SB 13-227), ch. 353, p. 2057, § 2, effective July 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in §
19-4-101
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-102 - Venue

(1)
A petition for relinquishment of the parent-child relationship shall be filed in the county where the child resides or in the county where the petitioner resides. If a child placement agency is involved, the petition may be filed in the county where the child placement agency is located.
(2)
A petition for termination of the parent-child legal relationship pursuant to section
19-5-105.5
or section
19-5-105.7
must be filed in the county where the child resides or in the county where the petitioner resides.
Amended by 2014 Ch. 167,§ 5, eff. 7/1/2014.
L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 88: Entire section R&RE, p. 746, § 16, effective July 1. L. 89: Entire section amended, p. 938, § 1, effective March 21. L. 2014: Entire section amended, (HB 14-1162), ch. 167, p. 591, § 5, effective July 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-1-105
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-102.5 - Relinquishment hearings - court docket priority

(1)
On and after July 1, 2002, any hearing concerning a petition for relinquishment filed in a district court, the Colorado court of appeals, or the Colorado supreme court shall be given a priority on the court's docket. On and after July 1, 2002, if there is no determination on a case concerning a petition for relinquishment by any such court within two months of the filing of the petition, it shall be given a priority on the court's docket that supersedes the priority of any other priority civil hearing on the court's docket.
(2)
Notwithstanding the provisions of subsection (1) of this section, nothing in this section shall affect the priority of a hearing concerning the issuance of a temporary protection order pursuant to section
13-14-104.5
, C.R.S.
(3)
The provisions of this section shall be implemented within existing appropriations.
Amended by 2013 Ch. 218,§ 21, eff. 7/1/2013.
L. 2002: Entire section added, p. 1644, § 2, effective July 1. L. 2003: (2) amended, p. 1016, § 27, effective July 1. L. 2004: (2) amended, p. 556, § 15, effective July 1. L. 2013: (2) amended, (HB 13-1259), ch. 218, p. 1016, § 21, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-106 - [Repealed]

L. 87: Entire title R&RE, p. 804, § 1, effective October 1. L. 89: Entire section amended, p. 943, § 3, effective March 27. L. 90: Entire section repealed, p. 1012, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-107 - [Repealed]

L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 91: Entire section amended, p. 254, § 13, effective July 1. L. 92: Entire section amended, p. 2175, § 30, effective June 2. L. 94: Entire section repealed, p. 752, § 4, effective April 20.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 1 - RELINQUISHMENT (§§ 19-5-100.2 — 19-5-109) › Section 19-5-108 - When notice of relinquishment proceedings required

If the custodial parent has assigned rights to support for a child who is the subject of relinquishment proceedings to the department of human services, notice of the relinquishment proceedings shall be given, by the parent proposing to relinquish a child or by that parent's counsel, to the appropriate delegate child support enforcement unit in cases where there is no adoption proceeding pending.
L. 96: Entire section added, p. 613, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-200.2 - Legislative declaration

(1)
Notwithstanding any other provisions of this title to the contrary, it is the intent of the general assembly that the court shall protect and promote the best interests of the children who are the subjects of proceedings held pursuant to this part 2 while giving due regard to the interests of any other individuals affected.
(2)
The general assembly hereby finds and declares that:
(a)
It is beneficial for a child placed for adoption to be able to continue relationships with his or her brothers and sisters, regardless of age, in order that the siblings may share their strengths and association in their everyday and often common experiences;
(b)
When parents and other adult relatives are no longer available to a child, the child's siblings constitute his or her biological family;
(c)
When placing children in adoptive placements, efforts should be made to place siblings together, unless there is a danger of specific harm to a child or it is not in the child's or children's best interests to be placed together. The general assembly further finds that if the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, there should be a rebuttable presumption that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption should be rebuttable by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.
L. 94: Entire section added, p. 1198, § 1, effective May 19. L. 2000: Entire section amended, p. 476, § 6, effective July 1. L. 2003: (2)(c) amended, p. 2627, § 9, effective June 5.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-201 - Who may be adopted

Any child legally available for adoption as provided in section
19-5-203
, under eighteen years of age, and either present in the state at the time the petition for adoption is filed or under the jurisdiction of a court in Colorado for at least six months may be adopted. Upon approval of the court, a person eighteen years of age or older and under twenty-one years of age may be adopted as a child, and all provisions of this part 2 referring to the adoption of a child shall apply to such a person.
Amended by 2017 Ch. 339,§ 1, eff. 7/1/2017.
L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 2017: Entire section amended, (HB 17-1304), ch. 339, p. 1807, § 1, effective July 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-105
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-202 - Who may adopt

(1)
Any person twenty-one years of age or older, including a foster parent, may petition the court to decree an adoption.
(2)
A minor, upon approval of the court, may petition the court to decree an adoption.
(3)
A person having a living spouse from whom he is not legally separated shall petition jointly with such spouse, unless such spouse is the natural parent of the child to be adopted or has previously adopted the child.
(4)
A person having a living partner in a civil union from whom the person is not legally separated shall petition jointly with the partner, unless the partner is the natural parent of the child to be adopted or has previously adopted the child.
(5)
A person who is a partner in a civil union may adopt a child of the other partner through the same process outlined in section
19-5-203
for a stepparent adoption and shall be considered a stepparent for the purpose of determining whether a child is available for adoption pursuant to section
19-5-203(1)
.
Amended by 2013 Ch. 49,§ 24, eff. 5/1/2013.
L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 88: (1) amended, p. 758, § 4, effective May 31. L. 2013: (4) and (5) added, (SB 13-011), ch. 49, p. 167, § 24, effective May 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-106
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-202.5 - Adoption hearings - termination appeals - court docket priority - exceptions

(1)
On and after July 1, 2002, any hearing concerning a petition for adoption filed in a district court, the Colorado court of appeals, or the Colorado supreme court and any hearing concerning a petition filed in the Colorado court of appeals or the Colorado supreme court related to a child who is available for adoption due to an order of the court terminating the parent-child legal relationship shall be given a priority on the court's docket. On and after July 1, 2002, if there is no determination on a case concerning a petition for adoption or a case concerning a child who is available for adoption due to an order of the court terminating the parent-child legal relationship by any such court within six months of the filing of the petition, it shall be given a priority on the court's docket that supersedes the priority of any other priority civil hearing on the court's docket.
(2)
Notwithstanding the provisions of subsection (1) of this section, nothing in this section shall affect the priority of a hearing concerning the issuance of a temporary protection order pursuant to section
13-14-104.5
, C.R.S.
(3)
The provisions of this section shall be implemented within existing appropriations.
Amended by 2013 Ch. 218,§ 22, eff. 7/1/2013.
L. 2002: Entire section added, p. 1643, § 1, effective July 1. L. 2003: (2) amended, p. 1016, § 28, effective July 1. L. 2004: (2) amended, p. 557, § 16, effective July 1. L. 2013: (2) amended, (HB 13-1259), ch. 218, p. 1017, § 22, effective July 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-204 - Venue

A petition for adoption shall be filed in the county of residence of the petitioner or in the county in which the placement agency is located.
L. 87: Entire title R&RE, p. 806, § 1, effective October 1.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-1-105
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-205 - Adoption decree of foreign country approved

(1)
(a)
A petition seeking a decree declaring valid an adoption granted by a court of any country other than the United States of America may be filed at any time by residents of the state of Colorado.
(b)
The petition shall contain all information required in section
19-5-207(2)
; except that the court shall not require the petition to contain or be accompanied by the written consent described in section
19-5-207(1)
, the written home study report described in section
19-5-207(2)(a)
, the fees described in section
19-5-207.5(4)
, or a written legal memorandum with specific references to the applicable law of the foreign country.
(2)
The court shall issue a decree declaring valid an adoption granted by a court of competent jurisdiction or other authorized individual or entity of a country other than the United States of America upon a finding that:
(a)
At the time the petition is filed, the petition contains a verified statement that at least one of the adopting parents is a citizen and resident of the state of Colorado or other evidence that at least one of the adopting parents is a citizen and resident of the state of Colorado;
(b)
The original or a certified copy of a valid foreign adoption decree, together with a notarized translation, is presented to the court; and
(c)
The child is either a permanent resident or a naturalized citizen of the United States. A photocopy of the child's resident alien card issued by the immigration and naturalization service of the United States, department of justice, or any successor agency, shall be sufficient evidence that the child is either a permanent resident or a naturalized citizen of the United States.
(2.5)
The adopting parties filing a petition pursuant to this section shall not be required to be represented by an attorney.
(3)
Any decree issued pursuant to this section shall have the same legal effect as any decree of adoption issued by the court.
L. 87: Entire title R&RE, p. 806, § 1, effective October 1. L. 97: (1)(b) and (2) amended and (2.5) added, p. 1162, § 5, effective July 1. L. 99: (1)(b) amended, p. 1024, § 5, effective May 29. L. 2011: (2)(c) amended, (HB 11-1303), ch. 264, p. 1158, §39, effective August 10.
This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-107.5
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-207.3 - Placement of sibling groups

(1)
When a child is placed for adoption by the county department, if the child is part of a sibling group, as defined in section
19-1-103
, the county department shall include in the adoption report prepared for the court the names and current physical custody and location of any siblings of the child who are also available for adoption; except that the names of children, parents, caretakers, and adoptive parents and any means of identifying such persons must not be made available to any party to the adoption proceeding except upon order of the court or as otherwise permitted by law.
(2)
If the child is part of a sibling group, the county department shall make thorough efforts to locate a joint placement for all of the children in the sibling group who are available for adoption. If the county department locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children.
(3)
If the child is part of a sibling group, as defined in section
19-1-103
, and is being placed for adoption by a child placement agency in either a circumstance involving siblings who are the result of a multiple birth or a circumstance in which a parent has relinquished parental rights to the children to a child placement agency, the child placement agency shall make thorough efforts to locate a joint placement for all of the children in the sibling group who are available for adoption. If the child placement agency locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it is presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children. If an entire sibling group is not placed together in an adoptive placement, the child placement agency shall place as many siblings of the group together as possible, considering their relationship and the best interests of each child.
(4)
Consideration of the placement of children together as a sibling group shall not delay the efforts for expedited permanency planning or permanency planning in order to achieve permanency for each child in the sibling group.
Amended by 2021 Ch. 136,§89, eff. 10/1/2021.
L. 2000: Entire section added, p. 477, § 7, effective July 1. L. 2003: (2) and (3) amended, p. 2628, § 10, effective June 5. L. 2021: (1) and (3) amended, (SB 21-059), ch. 136, p. 735, § 89, effective October 1.
2023 Colorado Revised Statutes › Title 19 - CHILDREN'S CODE (§§ 19-1-101 — 19-7-315) › Article 5 - RELINQUISHMENT AND ADOPTION (§§ 19-5-100.2 — 19-5-403) › Part 2 - ADOPTION (§§ 19-5-200.2 — 19-5-217) › Section 19-5-209 - Petition - written home study reports

(1)
Except for stepparent adoptions, kinship adoptions, custodial adoptions, and those cases in which placement for adoption has been made by the court, if a petition for the adoption of a child is not accompanied by the written consent and home study report of the qualified county department of human or social services, individual, or a licensed child placement agency approved by the state department of human services pursuant to section
19-5-207.5(2)
, the court shall order the county department of human or social services, individual, or licensed child placement agency to make an investigation and file a written home study report substantially in the form outlined in section
19-5-207(2)
, including a recommendation as to whether the adoption should be decreed.
(2)
In adoptions where a child placement agency or county department has legal guardianship during the interval between initial placement and the final order of adoption, the child placement agency or county department shall supervise the placement with prospective adoptive parents and the child. The court, after notice to all parties in interest and hearing thereon, may, for good cause, terminate said placement if, at any time prior to the final decree of adoption, it appears to the court that said adoption is not in the best interest of the child.
Amended by 2018 Ch. 38,§ 75, eff. 8/8/2018.
L. 87: Entire title R&RE, p. 809, § 1, effective October 1. L. 99: (1) amended, p. 1023, § 3, effective May 29; (1) amended, p. 1064, § 6, effective June 1. L. 2018: (1) amended, (SB 18-092), ch. 38, p. 432, § 75, effective August 8.
(1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in
19-4-111
as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Amendments to subsection (1) by House Bill 99-1218 and House Bill 99-1299 were harmonized.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.