In straight adoption, Colorado law requires the services of a licensed child placement agency.  Attorneys can neither place children nor arrange adoptions.  This is to avoid "black market babies."  Therefore, the beginning point for families considering straight adoption is to find an adoption agency which is right for you.  

        Many churches sponsor adoption agencies.  
        There are also private, secular adoption agencies.  
        Finally, one may adopt a child through the Department of Human Services (DHS), which is the least expensive route.  With a DHS adoption, the birth parents may not relinquish or be terminated, and a period of time may have elapsed during which the adoptive foster family may have bonded.  Also, with a DHS adoption, the child is likely coming out of a dependency and neglect proceeding and may have abuse issues.  If you choose to adopt through the DHS, speak openly with the social worker and consider your family's needs, wishes and dynamics.  After all, your goal is to create a successful family, and that can't be done if you close your eyes.

        When first considering an adoption agency, it is appropriate for the prospective adoptive parents to inquire of fees and costs, as well as the average time for placement of a child by the agency, and what percentage of former prospective parents have not been placed.  It is common for an adoption agency to place clauses in the contract that their fee is for services, not placement.  Some agencies with lower fees may have so many clients, projected placement may not be for several years.  It may be worthwhile to use an agency whose fees are higher, but takes fewer clients and places more rapidly.  Other than the DHS, I have intentionally not identified any adoption agencies as I believe that to be a personal decision.

        If you are considering an international adoption, ascertain the circumstances of the child.  It would be highly advisable to visit with a child psychologist at the commencement of your consideration of a foreign adoption.

        In years past, the child was kept in foster care until the court approved the adoption.  Today it is most common for the agency to certify the adoptive parents as foster parents and to place the child with the adoptive parents pending final court orders.  In the older method, adoptive parents were protected from bonding and heartache should the adoption fail, but the child was left bonding with a birth parent, foster family, then adoptive family - hard on the child.  By certifying the adoptive family as foster parents, bonding can commence immediately between child and prospective parents.  Should the adoption fail to finalize, the parents are in for heartache - but better to give the child a chance at bonding and place the risk with adults.

        Statutorily, birth parent relinquishment counseling is mandatory.  Usually the adoption agency charges a fee for counseling to the adoptive parents.  If the child is free for adoption, that counseling will have concluded prior to the prospective adoptive parents becoming involved.  If not, the wait on counseling with an unknown outcome can seem difficult.  However, if you stop to think, it's a plan.  Birth mothers who have considered and explored their alternatives with counseling are much more likely to reach a decision with which they are comfortable.  I understand counseling reduces the number of birth parents desiring to set aside their relinquishment.  It makes common sense.  If the birth parent has a plan for the child which he / she / they believe to be in the child's best interest, the birth parent(s) will not later wish to disrupt their carefully conceived plan.  Some adoption agencies offer the birth parent(s) lifetime counseling - an opportunity to return for counseling should the birth parent(s) feel a future need dealing with the relinquishment.

        As with prospective adoptive parents, the birth parent(s), usually the birth mother, should feel free to visit with the adoption agency and satisfy all questions before agreeing to place the child with the agency.  A separate counselor will likely be provided to the birth parent(s).  Relinquishment of a child is likely the most important decision of a birth mother's life.  Be comfortable with the agency and counselor, and have a level of trust and confidence that all your questions have been answered to the best of their ability.  Until a birth parent has actually agreed to the relinquishment in court and an order has entered, the birth parent has the absolute right to back away from relinquishment, keep the child and parent the child if the parent has not been abusive.

        A straight adoption consists of three lawsuits.
        1.  Relinquishment by the birth mother, usually heard simultaneously with 
        2.  Relinquishment by the birth father
        3.  Adoption petition follows relinquishment

        When the relinquishment orders have entered and the child is free for adoption, the adoptive parents must quickly file the adoption petition.  Frequently an adoption agency has an attorney which represents the agency and will be available to perform legal services in the relinquishment.  The same firm may also provide representation in filing the adoption.  Prospective parents are free to choose their own counsel.  

CRS 19-5-103. Relinquishment procedure - petition - hearings. 
        (1) Any parent desiring to relinquish his or her child shall:
                (a) Obtain counseling for himself or herself and the child to be relinquished as the court deems appropriate from the county department of social services in the county where such parent resides or from a licensed child placement agency, and, if the petitioner has not received the counseling required by the court, the petition shall be continued until counseling is obtained, and the petitioner shall be referred to counseling by the court;
                (b) (I) Petition the juvenile court upon a standardized form prescribed by the judicial department giving the following information: The name of both natural parents, if known; the name of the child, if named; the ages of all parties concerned; and the reasons for which relinquishment is desired.
                    (II) The petition shall be accompanied by a standardized affidavit of relinquishment counseling prescribed by the judicial department that includes:
                        (A) A statement indicating the nature and extent of counseling furnished to the petitioner, if any, and the recommendations of the counselor;
                        (B) A copy of the original birth certificate or a copy of the application therefor; and
                        (C) A statement disclosing any and all payments, gifts, assistance, goods, or services received, promised, or offered to the relinquishing parent in connection with the pregnancy, birth, or proposed relinquishment of the child and the source or sources of such payments, gifts, assistance, goods, or services.
        (1.5) (a) Pursuant to the provisions of section 19-1-126, the petition for relinquishment shall:
                    (I) Include a statement indicating whether the child is an Indian child; and
                    (II) Include the identity of the Indian child's tribe, if the child is identified as an Indian child.
                (b) If notices were sent to the parent or Indian custodian of the child and to the Indian child's tribe, pursuant to section 19-1-126, the postal receipts shall be attached to the petition and filed with the court or filed within ten days after the filing of the petition, as specified in section 19-1-126 (1) (c).
        (2) The counseling specified in paragraph (a) of subsection (1) of this section and provided by the department or the child placement agency shall include, but not be limited to, the following:
                (a) Information to the relinquishing parent concerning the permanence of the decision and the impact of such decision on the relinquishing parent now and in the future;
                (b) Information concerning each parent's complete medical and social histories;
                (c) In the case of pregnancy, referral of the woman for medical care and for determination of eligibility for medical assistance;
                (d) Information concerning alternatives to relinquishment and referral to private and public resources that may meet the parent's needs;
                (e) Relinquishment services necessary to protect the interests and welfare of a child born in a state institution;
                (f) Information to the child's parent that if he or she applies for public assistance for himself or herself and the child, he or she must cooperate with the child support enforcement unit for the establishment and enforcement of a child support order; and
                (g) The confidentiality of all information, except for nonidentifying information as defined in section 19-1-103 (80) that may be accessed as provided in part 4 of this article, obtained by the department and the child placement agency in the course of relinquishment counseling unless the parent provides written permission or a release of information is ordered by a court of competent jurisdiction. The counseling shall also include notice that a birth parent has the opportunity to file a written statement specifying that the birth parent's information remain confidential and an explanation of the rights and responsibilities of birth parents who disagree about consent as set forth in section 19-5-305 (2).
        (3) Upon receipt of the petition for relinquishment, the court shall set the same for hearing on the condition that the requirements of subsection (1) of this section have been complied with by the petitioner.
        (4)    (a) The parent-child legal relationship of a parent shall not be terminated by relinquishment proceedings unless the parent joins in the petition.
                (b) The relinquishing parent, child placement agency, and county department of social services shall provide the court any and all information described in section 19-1-103 (80) that is available to such relinquishing parent, agency, or county department.
        (5) The court shall not issue an order of relinquishment until it is satisfied that the relinquishing parent and the child, if determined appropriate by the court, have been counseled pursuant to subsection (1) of this section and this subsection (5) and fully advised of the consequences of the parent's act. The court may order counseling for any age child to be relinquished if the court deems such counseling would be in the child's best interests. The court may order that a child younger than twelve years of age be prepared for relinquishment, termination of parental rights, or adoption.
        (6) If the court finds after the hearing that it is in the best interests of the child that no relinquishment be granted, the court shall enter an order dismissing the action.
        (7)    (a) The court shall enter an order of relinquishment if the court finds after the hearing that:
                    (I) The relinquishing parent or parents and any child that the court directed into counseling have been counseled as provided in subsections (1) and (5) of this section; and
                    (II) The parent's decision to relinquish is knowing and voluntary and not the result of any threats, coercion, or undue influence or inducements; and
                    (III) The relinquishment would best serve the interests of the child to be relinquished.
                (b) There shall be a rebuttable presumption that a relinquishment would not be in the child's best interests if the child is twelve years of age or older and objects to the relinquishment.
        (8) If the court is not satisfied that the relinquishing parents and the child, if twelve years of age or older, have been offered proper and sufficient counsel and advice, it shall continue the matter for such time as the court deems necessary.
        (9)    (a) The court may appoint a guardian ad litem to protect the interests of the child if:
                    (I) The court finds that there is a conflict of interest between the child and his or her parents, guardian, or legal custodian;
                    (II) The court finds that such appointment would be in the best interests of the child; or
                    (III) The court determines that the child is twelve years of age or older and that the welfare of the child mandates such appointment.
                (b) Reasonable fees for guardians ad litem appointed pursuant to this subsection (9) shall be paid by the relinquishing parent or parents; except that, in the case of an indigent parent or parents, such fees shall be paid as an expense of the state from annual appropriations to the office of the state court administrator.
        (10) The court may interview the child in chambers to ascertain the child's wishes as to the relinquishment proceedings. The court may permit counsel to be present at such an interview. The court shall cause a record of the interview to be made, and it shall be made a part of the record in the case.
        (11) The court may seek the advice of professional personnel whether or not said personnel are employed on a regular basis by the court. Any advice given by professional persons shall be in writing and shall be made available by the court to attorneys of record, to the parties, and to any other expert witnesses upon request, but it shall be considered confidential for any other purposes, shall be sealed, and shall not be open to inspection except by consent of the court. Attorneys of record may call for the cross-examination of any professional persons consulted by the court.
        (12) The provisions of this section, including but not limited to relinquishment counseling, notification, and the relinquishment hearing, shall apply in any case involving a child in Colorado or for whom Colorado is the home state as described in section 14-13-102 (7), C.R.S., including any case in which it is proposed that the child to be relinquished will be relinquished or adopted outside the state of Colorado.

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Topical Website Initial Publication Date: January 28, 2004

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