Colorado Adoption Statutes

19-5-206. Placement for purposes of adoption. (1) No placement of any

child legally available for adoption under section 19-5-203 (1) (a), (1) (b),

(1) (c), or (1) (g) shall be made for the purposes of adoption except by the

court pursuant to section 19-5-104 (2), the county department of social

services, or a licensed child placement agency.

(2) (a) Birth parent or parents may designate a specific applicant with

whom they may wish to place their child for purposes of adoption. After

assessment and approval of the potential adoptive parents and subsequent

relinquishment of the child, the court shall grant guardianship of the child to

a person or agency described in section 19-5-104 (1) until finalization of

adoptive placement. A county department may provide adoption services to birth

parents who request designated adoption only in cases in which the county has

legal custody of the child prior to the filing of the petition to relinquish.

All requirements and provisions of this article pertaining to relinquishment

and adoption shall apply to designated adoptions.

(b) The court may waive the assessment and approval requirements of

paragraph (a) of this subsection (2) in cases where the birth parent or parents

have designated the child's grandparent, aunt, uncle, brother, or sister as the

person with whom they wish to place their child for purposes of adoption. The

court may proceed to finalize such adoptive placement upon finding that the

placement is in the best interests of the child.

(3) Consideration given to the racial background of a child legally

available for adoption in placing such child with an adopting family shall not

delay the placement of the child due to attempts to assure racial resemblance

between the child and the adopting family.

19-5-402. Access to nonidentifying information. Any adult adoptee or any

adoptive parent may request nonidentifying information about the adoptee or the

birth parents of the adoptee from the department. The department shall provide

directly to the inquiring adult adoptee or adoptive parent or to the qualified

agency selected pursuant to section 19-5-403 the nonidentifying information

which is available to the department. The department shall adopt rules

governing the disclosure of nonidentifying information.

25-2-113.5. Limited access to information upon consent of all parties.

(1) Adoption is based upon the legal termination of parental rights and

responsibilities of birth parents and the creation of the legal relationship of

parent and child between an adoptee and his adoptive parents. Under current

laws and the social premises underlying adoption, the general assembly has been

charged with the duty to preserve the right to privacy and confidentiality of

birth parents whose children were adopted, the adoptees, and the adoptive

parents. The general assembly recognizes, however, that some adults who were

adopted as children and some birth parents whose children were surrendered for

adoption have a strong desire to obtain information about each other. The

purpose of this section is to set up a voluntary adoption registry where

qualified persons may register their willingness to the release of information

to each other and to provide for the disclosure of such information.

(2) As used in this section, unless the context otherwise requires:

(a) "Adoptive parent" means an adult who has become a parent of a child

through the legal process of adoption.

(b) "Consent" means a verified written statement which has been

notarized.

(c) "Identifying information" includes the following information:

(I) The name of the qualified adoptee before placement in adoption;

(II) The name and address of each qualified birth parent as it appears in

birth records;

(III) The current name, address, and telephone number of the qualified

adult adoptee; and

(IV) The current name, address, and telephone number of each qualified

birth parent.

(d) "Qualified adult adoptee" means an adopted person twenty-one years of

age or older who was born in Colorado and who meets the requirements of this

section.

(e) "Qualified birth parent" means a genetic, biological, or natural

parent whose rights were voluntarily or involuntarily terminated by a court or

otherwise and who meets the requirements of this section. "Birth parent"

includes a man who is the parent of a child as established in accordance with

the provisions of the "Uniform Parentage Act", article 4 of title 19, C.R.S.,

prior to the termination of parental rights and who meets the requirements of

this section.

(f) "Registrar" means the state registrar of vital statistics or his

designated representative.

(g) "Relative" includes an individual's spouse, birth parent, adoptive

parent, sibling, or child who is twenty-one years of age or older.

(h) "Voluntary adoption registry" or "registry" means a place where

eligible persons, as described in this section, may indicate their willingness

to have their identities and whereabouts disclosed to each other under

conditions specified in this section.

(3) The registrar shall maintain a confidential list of qualified adult

adoptees who have presented a consent regarding the release of identifying

information about themselves. Any consent by a qualified adult adoptee shall

be accompanied by the adoptee's desired method of notification in the event

that a match occurs; however, the state shall not incur costs of notification

in excess of that part of the fee charged to the applicant for the purpose of

notification. Any consent shall also indicate whether the qualified adult

adoptee desires release of his identifying information if a match occurs after

his death. The qualified adult adoptee may revise his consent with respect to

change of address or method of notification. Any name and accompanying

information shall be removed from the list upon the verified written request of

the listed adoptee. The registrar shall maintain a closed record of such list

and accompanying information, except as provided in accordance with this

section.

(4) The registrar shall maintain a confidential list of qualified birth

parents who have presented a consent regarding the release of identifying

information about themselves. Any consent by a qualified birth parent shall be

accompanied by the birth parent's desired method of notification in the event

that a match occurs; however, the state shall not incur costs of notification

in excess of that part of the fee charged to the applicant for the purpose of

notification. Any consent shall also indicate whether the qualified birth

parent desires release of his identifying information if a match occurs after

his death. The qualified birth parent may revise his consent with respect to

change of address or method of notification. Any name and accompanying

information shall be removed from the list upon the verified written request of

the listed birth parent. The registrar shall maintain a closed record of such

list and accompanying information, except as provided in accordance with this

section. Any birth parent who in terminating his parental rights used an

alias, and this alias is listed in the original sealed birth certificate, may

also file a consent with the registry. A birth parent shall not be matched

with the qualified adult adoptee without the consent of the other birth parent

unless:

(a) There is only one birth parent listed on the birth certificate; or

(b) The other birth parent is deceased; or

(c) The other birth parent is unable to be located by the department of

public health and environment after an exhaustive search, the cost of said

search to be fully funded by the birth parent seeking a match, said search to

be in accordance with the rules and regulations promulgated by the department.

(5) The registrar shall maintain a confidential list of relatives of

deceased qualified adult adoptees and relatives of deceased qualified birth

parents who have presented a consent regarding the release of identifying

information about themselves. Any consent by such relative shall be

accompanied by the person's desired method of notification in the event that a

match occurs; however, the state shall not incur costs of notification in

excess of that part of the fee charged to the applicant for the purpose of

notification. Such relative may revise his consent with respect to change of

address or method of notification. Any name and accompanying information shall

be removed from the list upon the verified written request of the listed

relative. The registrar shall maintain a closed record of such list and

accompanying information, except as provided in accordance with this section.

(6) The registrar shall regularly review the lists provided for in

subsections (3), (4), and (5) of this section and any other nonsealed

administrative files or records within his office to determine if there is a

match. If it appears that a match has occurred, then and only then is the

registrar authorized to proceed to confirm the match through recourse to sealed

documents on file in the office of the registrar. When a match is confirmed,

the registrar shall notify each party, by his designated method only, prior to

an exchange of identifying information. Nothing in this section shall be

construed to allow any state or local governmental department, agency, or

institution, or any employee thereof, to solicit any consent for the release of

identifying information.

(7) Nothing in this section shall be construed to allow the registrar to

issue a copy of the original birth certificate to any registrant.

(8) Any person who knowingly uses, publishes, or divulges information

obtained through operation of the registry to any person in a manner not

authorized by this section commits a class 2 petty offense and, upon conviction

thereof, shall be punished by a fine of five hundred dollars.

(9) Notwithstanding any other provision of law, the information acquired

by the registry shall not be disclosed under any public records law, sunshine

or freedom of information legislation, rules, or practice.

(10) (a) The executive director of the department of public health and

environment shall establish fees to be charged each person requesting that his

name be placed on the list provided for in subsection (3), (4), or (5) of this

section and for the services provided by the registrar in establishing and

implementing the registry pursuant to this section. It is the intent of the

general assembly that the fees shall cover all direct and indirect costs

incurred pursuant to this section.

(b) The fees collected pursuant to this section shall be transmitted to

the state treasurer, who shall credit the same to the general fund. The

general assembly shall annually appropriate from the general fund to the

department of public health and environment an amount sufficient to meet

expenses incurred pursuant to this section.