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Colorado Relinquishment, Consent, Revocation laws

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Relinquishment - Consent - Time to Revoke

Colorado




Who Must Consent:

Written, verified consent is required from:


  • Parents.
  • A guardian of a child whose parents are deceased.
  • A parent in a stepparent adoption.



Consent of Adoptee:

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Children must undergo counseling. Written consent must be obtained from any child age 12 years or older.

When Parental Consent is Not Needed:

Parent has:

  • Parent's rights have been terminated due to parent's unfitness.
  • Parent has failed to make contact or provide support the child.
  • Child has been out of parent's home for one year.



When Relinquishment Can Be Signed:

As of July 1, 2003, a new expedited process allows expectant parents to sign an affidavit before the birth of the child that indicates their intent to relinquish, and waives the right to contest once the affidavit has been filed with the court. This document cannot be filed with the court until 72 hours following the child's birth. Otherwise, consent may be executed any time after the birth of the child.

How Relinquishment Must Be Signed:

Parent must obtain counseling from the Department of Social Services and petition the court.

Time for Revocation:

Consent may be revoked only if, within 90 days after entry of order, it is established by clear and convincing evidence that it was obtained by fraud or duress.

Some materials adapted from: National Adoption Information Clearinghouse.

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