A.  Who May Adopt

C.R.S. § 19-5-202
Any person age twenty-one or older may file a petition for an adoption. A person under age twenty-one may file a petition with court approval. Married couples must file jointly. Joint filing is not required if the couple is legally separated or one spouse is the child’s natural parent.

C.R.S. § 19-5-207(2.5)
All prospective adoptive parents and any adults residing in the home must undergo a criminal records check to reveal misdemeanor or felony convictions.

C.R.S. § 19-5-207(2.5)(b)

C.R.S. § 18-6-401
 C.R.S. § 16-22-102(9)
 C.R.S. § 18-1.3-406
No person is eligible to adopt if he or she was convicted of a felony for any of the following crimes:
  • Child abuse or neglect;
  • Unlawful sexual behavior;
  • Any crime whose underlying factual basis was domestic violence (within the last ten years);
  • A crime of violence; or
  • Any felony assault or battery conviction or felony drug-related conviction within the past five years.
Matter of Adoption of T.K.J., 931 P.2d 488 (Colo. App. 1996)
In T.K.J., a lesbian sought to adopt her partner’s child. The Court of Appeals held the Children’s Code does not authorize gay domestic partners to adopt without terminating the rights of the birth parent, because Colorado does not recognize civil unions. Since single parent adoptions are authorized, the couple must choose one legal parent.

C.R.S. § 19-5-202(1)
C.R.S. § 19-5-104(3)
Foster parents are eligible to adopt. No person may be precluded from adopting a child solely because that person has been the child’s foster parent.