I.  Termination of Parental Rights in Adoption

C.R.S. § 19-5-203(1)(b)
In an adoption proceeding, grounds for terminating parental rights are identical to grounds for terminating parental rights in a relinquishment proceeding.

C.R.S. § 19-5-105
Notice must be given to any other possible birth parent. It must include a termination warning. Proof of notice must be filed before the hearing. If no one has been identified as the other parent, the court may order notice by publication. The child’s current or former custodian may intervene at the termination proceeding.

C.R.J.P. 6.3(3)
C.R.C.P. 4(h)
An affidavit must accompany any motion for service by publication of an absent parent, detailing what steps have been taken to determine the whereabouts of the absent parent. A single publication is sufficient.

C.R.S. § 19-5-105(4)
1.  Standards for Termination

The court must terminate parental rights of an unknown parent. The court must be unable to identify the father after questioning the mother, and thoroughly exploring the possibility of identifying the missing birth parent. 


Clausen v. DeBoer, 509 U.S. 1301 (1993)
Lack of notice to the birth parent could potentially lead to disastrous results for the child’s permanency. The Clausen case would have been avoided entirely had the adoptive parents waited the mandatory seventy-two hours after the child’s birth to gain the birth mother’s consent to relinquish the baby, and if the parties and court had made a thorough inquiry into the identity of the natural father. 

C.R.S. § 19-5-105(4)
If the termination order is not appealed within thirty days, it may not be challenged except for fraud on the court or on a party. After ninety days, the order may not be challenged for any reason.

C.R.S. § 19-5-105(3)
The court must terminate the parental rights of a parent who does not appear, or if a parent waives the right to appear.

C.R.S. § 19-5-105(3)
If a parent appears, but is not willing or able to assume legal and physical custody, in light of the child’s age, needs and individual circumstances, the court must terminate parental rights. 

Catholic Charities in the Interest of C.C.G., 942 P.2d 1380 (Colo. App. 1997)




C.R.S. § 19-5-105(3.1)
For example, an incarcerated parent’s rights could be terminated for this reason.

The court may terminate the other birth parent’s parental rights after finding that termination is in the best interests of a child, and there is clear and convincing evidence that:

  • The parent is unfit; or
  • Does not have a substantial, positive relationship with the child; or
  • Has not promptly taken substantial parental responsibility.
C.R.S. § 19-5-105(3.1)(a)
In evaluating unfitness, consider whether the parent has:
  • Mental health issues;
  • Two prior D&N adjudications;
  • Substance abuse;
  • Violent history;
  • Prior termination of parental rights;
  • Abusive conduct;
  • Injured a child;
  • Injured a sibling; or
  • Neglected a child.
C.R.S. § 19-5-105(3.1)(b)
In evaluating the parent’s relationship with the child, consider whether the parent has:
  • Maintained regular and meaningful contact with the child;
  • Openly lived with the child for at least 180 days or, for a child under a year old, at least half the child’s life; and
  • Openly held out the child as his own.
C.R.S. § 19-5-105(3.1)(c)
In evaluating parental responsibility, consider whether the parent has failed to:
  • Answer a notice of termination within thirty days;
  • File a paternity action within thirty days after the child’s birth or after receiving notice he is the likely father;
  • Pay regular and reasonable child support; and
  • Assist in paying medical costs of pregnancy and birth.
C.R.S. § 19-5-105(3.3)
For infants, the custodian’s interference is a defense. The parent may allege that the relinquishing parent or child’s custodian created impediments to that parent establishing a relationship with a child, or providing for a child. The parent must prove this affirmative defense by a preponderance of the evidence.
C.R.S. § 19-5-105(3.2)
2.  Best Interests of the Child

The court should give primary consideration to the child, and consider the child’s physical, mental and emotional condition and needs. The court must also consider the strength and length of the child’s strong, positive bond to the current custodian, and whether removal would cause the child significant psychological harm.
C.R.S. § 19-5-105(3.4) and (3.5)
The court must award custody based on the child’s best interests. There is a presumption the child should remain with the custodian if the child has been there more than a year. The court, however, must grant custody to a parent who has a substantial, positive relationship with the child and who has undertaken substantial parental responsibility, if such custody is in the child’s best interests.

C.R.S. § 19-5-105(3)
3.  Questions on Terminating the Other Parent’s Rights
  • Is the other parent known?
  • Has the other parent received notice of the termination hearing?
  • Has the other parent waived the right to appear or failed to appear after receiving notice?
  • Does the other parent seek full custody of the child?
  • Is the other parent unfit?
  • What is the other parent’s relationship with the child?
  • What parental responsibility has the other parent taken?
  • Is the child bonded with the current custodian?

The court may decide not to terminate the other parent’s rights. If so, the court may award custody to that parent or to the child’s custodian.

C.R.S. § 19-5-105(3)
The court may order a dependency and neglect (D&N) petition be filed and make any necessary temporary orders. This may be appropriate if the relinquishing parent abandons the child before being counseled.