| A. Requirements for Relinquishment |
| C.R.S. § 19-5-101 | Parents may voluntarily relinquish their parental rights. If parents do not relinquish, they may only lose their parental rights through a court order terminating the parent-child legal relationship. |
| C.R.S. § 19-5-103(1)(a) & (2)(a)-(g) |
The
relinquishing parent must first receive counseling. The
|
| C.R.S. § 19-5-103(5) |
The
court may
also order the child be counseled before relinquishment if it is in the
child’s
best interests.
|
| C.R.S. § 19-5-103(5) | The parent must be fully informed of the consequences. |
| C.R.S. § 19-5-104(5) |
Relinquishment
divests the parent of all legal rights and obligations to the child. It releases the child of
all legal
obligations to the parent. The
child may
inherit from the parent until a final decree of adoption is entered. The parent must also pay
for child support
and DHS services until a final adoption decree unless the court enters
an order
that ends this obligation.
|
| 25 U.S.C.A. § 1913 |
For
an Indian
child, the relinquishment must be signed before a judge. The judge must certify
that the terms and
consequences of the consent were explained in detail and were fully
understood
by the parent or Indian custodian. This
certificate must note whether the instruction was explained in English
or was
interpreted into another language the parent or Indian custodian
understood. Any
consent given before or
within ten days after the Indian child’s birth is invalid.
|
| C.R.S. § 19-5-206(2) | In the relinquishment, parents may name their choice for adoptive parents. |
| C.R.S. § 19-1-103(39) | This is known as a “designated adoption.” |
| C.R.J.P. 6.3(1)(c) |
The
same relinquishment
and adoption requirements apply, except that the petition must indicate
it is a
designated adoption and whether fees or costs are being paid by the
prospective
adoptive parents.
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