Adoption Consent Form - Colorado

COLORADO PARENTAL CONSENT AND RELINQUISHMENT OF PARENTAL RIGHTS FOR ADOPTION

(governed by Colorado Children’s Code, COLO. REV. STAT. tit. 19, art. 5)

Before you use this: Signing this consent does not itself terminate parental rights. A parent seeking relinquishment must use the judicial department's prescribed petition and counseling affidavit; the court decides whether to enter a relinquishment order. See C.R.S. §§ 19-5-103(1), (7), 19-5-104.

I. DOCUMENT HEADER

1. Title & Parties
This Parental Consent and Relinquishment of Parental Rights for Adoption (the “Consent”) is made by:

• Relinquishing Parent(s): [LEGAL NAME(S)] (“Relinquishing Parent”)
• Child: [CHILD’S FULL LEGAL NAME], born [DATE OF BIRTH] in [CITY/COUNTY, STATE] (the “Child”)
• Prospective Adoptive Parent(s)/Agency: [NAME] (the “Placement Party”)

2. Effective Date & Jurisdiction
This Consent is executed in the State of Colorado on [EFFECTIVE DATE] and is governed exclusively by Colorado law, including but not limited to the Colorado Children’s Code, COLO. REV. STAT. § 19-5-101 et seq. (the “Act”). A relinquishment petition is filed in the juvenile court under C.R.S. § 19-5-103(1)(b)(I). Adoption petition venue is governed separately by C.R.S. § 19-5-204. In Denver, “juvenile court” means the Denver Juvenile Court; elsewhere, it means the juvenile division of the district court (C.R.S. § 19-1-103(89)).

3. Recitals
A. Relinquishing Parent is the legal [mother/father] of the Child and desires that the Child be permanently placed for adoption.
B. The Placement Party has agreed to accept custody of the Child for the purpose of adoption, subject to Court approval.
C. Relinquishing Parent wishes to petition the court for relinquishment and consents to the proposed adoption, subject to the court's orders.

II. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below. Any term capitalized but not defined herein shall have the meaning assigned by the Act.

“Act” – The Colorado Children’s Code, COLO. REV. STAT. tit. 19, art. 5.
“Child” – The minor identified in Section I.
“Consent” – This Parental Consent and Relinquishment document.
“Court” – The Colorado state district court exercising juvenile jurisdiction over this matter.
“Effective Date” – The calendar date on which Relinquishing Parent signs this Consent before a notary.
“Order of Relinquishment” – The Court’s written order terminating the parental rights of Relinquishing Parent pursuant to COLO. REV. STAT. § 19-5-103(7).
“Revocation Period” – If the expedited procedure applies, the time before the affidavit and petition are filed with the court, during which the parent may withdraw the affidavit from the assisting agency or county department under C.R.S. § 19-5-103.5(1)(b)(I).

III. OPERATIVE PROVISIONS

3.1 Grant of Consent and Relinquishment

(a) Relinquishing Parent voluntarily requests a court order of relinquishment and consents to the proposed adoption, subject to the court's required findings and orders. This signature does not itself terminate parental rights.

(b) If the expedited procedure in C.R.S. § 19-5-103.5 is used, the parent may sign its prescribed affidavit before the child's birth, but the relinquishment petition may not be filed until at least four days after birth. See § 19-5-103.5(1)(b)(I), (IV).

3.2 Counseling and Prescribed Affidavit

Relinquishing Parent records the counseling received from the county department or a licensed child placement agency under C.R.S. § 19-5-103(1)-(2): [COUNSELING DETAILS]. The prescribed relinquishment counseling affidavit accompanies the petition. If counseling the court requires has not been completed, the court must continue the petition until it is obtained. If using the expedited procedure, the parent must also be advised of the opportunity to seek independent counseling. See § 19-5-103.5(1)(b)(I).

3.3 Revocation Rights

(a) For an expedited relinquishment, the parent may withdraw the prescribed affidavit from the assisting agency or county department before the affidavit and petition are filed with the court. C.R.S. § 19-5-103.5(1)(b)(I).
(b) An entered relinquishment order is generally final and irrevocable. C.R.S. § 19-5-104(6)-(7) permits revocation if, within 91 days after entry, the parent proves by clear and convincing evidence that fraud or duress obtained the relinquishment.

3.4 Waiver of Further Notice

Relinquishing Parent waives all further notice of adoption proceedings except that required by the Act or ordered by the Court.

3.5 Cooperation Covenant

Relinquishing Parent may provide additional documents and participate in hearings as required by the court and applicable relinquishment procedure. This paragraph does not require the parent to obtain a relinquishment order or waive a choice the law preserves.

IV. REPRESENTATIONS & WARRANTIES

Relinquishing Parent represents and warrants that:

1. Parentage and capacity: Relinquishing Parent is the Child’s legal parent. A parent seeking relinquishment must follow the petition and counseling procedure in C.R.S. § 19-5-103; any capacity or representation issue must be addressed in the court proceeding.
2. Voluntariness: This Consent is executed freely, knowingly, and voluntarily, without fraud, duress, or undue influence.
3. No Prior Termination: No prior court has terminated Relinquishing Parent’s rights to the Child.
4. Paternity/Maternity: Relinquishing Parent is the Child’s [biological/legal] [mother/father] and has the authority to enter into this Consent.
5. No Consideration: No unlawful consideration or compensation has been received or promised, except as permitted under COLO. REV. STAT. § 19-5-213.
6. Accuracy: All information provided herein and in any accompanying documents is true, complete, and accurate.

Representations and warranties shall survive execution of this Consent and entry of the Order of Relinquishment.

V. COVENANTS & RESTRICTIONS

5.1 Confidentiality. Relinquishing Parent agrees not to disclose identifying information about the Placement Party or prospective adoptive family except as permitted by the Act or Court order.

5.2 Future Contact. Any post-adoption contact shall be governed solely by a Separate Post-Adoption Contact Agreement approved by the Court pursuant to COLO. REV. STAT. § 19-5-208.

VI. DEFAULT & REMEDIES

6.1 Revocation After Order. Any request to revoke an entered relinquishment order is governed by C.R.S. § 19-5-104(7).

6.2 Court Process. This Consent does not itself terminate parental rights, compel a relinquishment order, or authorize a party to secure or maintain placement by enforcing this document. Relinquishment and placement depend on the court's statutory findings and orders under C.R.S. §§ 19-5-103 and 19-5-104.

6.3 Costs and Fees. Each participant bears costs and fees as the court orders under applicable law. Signing this Consent does not create a contractual fee remedy for declining to proceed with relinquishment.

VII. RISK ALLOCATION

No indemnification, limitation of liability, or insurance provisions apply to this Consent.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Consent and all related proceedings shall be governed by the laws of the State of Colorado.

8.2 Court and Venue. A relinquishment petition is filed in the juvenile court under C.R.S. § 19-5-103(1)(b)(I). An adoption petition is filed in a county allowed by C.R.S. § 19-5-204.

8.3 Arbitration. Arbitration is unavailable for matters arising under the Act; all disputes shall be resolved by the Court.

8.4 Hearing. Under C.R.S. § 19-1-105(1), Title 19 hearings are heard by a judge or magistrate without a jury, except as otherwise provided by that title.

8.5 Placement Orders. Any custody or placement relief requires an applicable statute and court order; this Consent does not supply independent authority for an injunction.

IX. GENERAL PROVISIONS

9.1 Entire Agreement. This Consent constitutes the entire understanding between the parties concerning relinquishment and supersedes all prior agreements, oral or written.

9.2 Amendments. No amendment to this Consent shall be valid unless in writing and approved by the Court.

9.3 Assignment. Rights and obligations hereunder are personal to the Relinquishing Parent and may not be assigned.

9.4 Severability. If any provision of this Consent is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.

9.5 Counterparts; Electronic Signatures. This Consent may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

9.6 Successors. This Consent shall bind and inure to the benefit of the parties and their respective heirs, legal representatives, and permitted assigns.

X. EXECUTION BLOCK

RELINQUISHING PARENT
______________________________
Signature: _______________________________________
Printed Name: ____________________________________
Date: ____________________________________________

NOTARY PUBLIC
State of Colorado )
County of [________________________________] )

Subscribed and sworn to before me on __________, 20___, by [Relinquishing Parent Name].

Notary Public: ____________________________________
My Commission Expires: ____________________________

Optional Exhibits

• Exhibit A – Statutory Summary of Revocation Rights
• Exhibit B – Prescribed relinquishment counseling affidavit (C.R.S. § 19-5-103(1)(b)(II))
• Exhibit C – Post-Adoption Contact Agreement (if any)

END OF CONSENT FORM