B.  Who May Be Adopted

C.R.S. § 19-5-201
The adoptee must be under the age of eighteen, present in Colorado, and legally available for adoption. The court may also approve an adoption if the adoptee is age eighteen to twenty-one. 

C.R.S. § 19-5-203(a) – (d)


C.R.S. § 19-5-207.3
A child is “legally available for adoption” if:
  • The court has terminated the parent-child legal relationship; or
  • The court has approved the parent’s voluntary relinquishment; or
  • If the parents are deceased, the court-appointed guardian executes a written and verified consent.
  • In a stepparent adoption, written consent must be given by the custodial parent and the non-custodial parent’s rights must be terminated or relinquished, except in the case of his/her death.
  • If a child has siblings that are adoptable, it is preferable to place all children together in an adoptive placement.
C.R.S. § 14-1-101





Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955)
If the child has turned eighteen, consider whether an adult adoption would benefit the child. The legal effect of an adult adoption is to make the child an heir at law of the petitioner. Termination of the parent-child legal relationship between the child and the birth parents is not necessary. It is an easy process, and may give the young adult a sense of “connectedness” that could not otherwise be achieved.

An adult may be adopted as an heir-at-law. The court must grant the petition if the person to be adopted consents.