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19-1-103 - Definitions.

As used in this title or in the specified portion of this title, unless the context otherwise requires: ...

(6) "Adoptee", as used in part 3 of article 5 of this title, means a person who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.

(6.5) (a) "Adoption record", as used in part 3 of article 5 of this title, means the following documents and information:

(I) The adoptee's original birth certificate and amended birth certificate;

(II) The final decree of adoption;

(III) Nonidentifying information, as defined in section 19-1-103 (80);

(IV) The final order of relinquishment; and

(V) The order of termination of parental rights.

(b) "Adoption record" shall not include pre-relinquishment counseling records, which records shall remain confidential.

(7) "Adoptive parent", as used in parts 3 and 4 of article 5 of this title, means an adult who has become a parent of a minor through the legal process of adoption.

(8) (a) "Adult" means a person eighteen years of age or older; except that any person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to the person's eighteenth birthday, or concerning whom a petition has been filed for the person's adoption other than under this title shall be referred to as a juvenile.

(b) (Deleted by amendment, L. 97, p. 1167, § 14, effective July 1, 1997.)

(9) "Adult adoptee", as used in part 4 of article 5 of this title, means an individual who is twenty-one years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court...

(13) "Biological parent", as used in part 3 of article 5 of this title, means a parent, by birth, of an adopted person.

(14) "Biological sibling", as used in part 3 of article 5 of this title, means a sibling, by birth, of an adopted person. "Biological sibling", as used in article 3 and article 5 of this title, for purposes of the definition of sibling group, as defined in subsection (98.5) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption.

(15) "Birth parents", as used in part 4 of article 5 of this title, means genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. "Birth parents" 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 this title, prior to the termination of parental rights...

(17) "Chief justice", as used in part 3 of article 5 of this title, means the chief justice of the Colorado supreme court.

(18) "Child" means a person under eighteen years of age...

(21) "Child placement agency" means an agency licensed or approved pursuant to law. If such agency is located in another state, it shall be licensed or approved as required by law in that state...

(26) "Confidential intermediary", as used in part 3 of article 5 of this title, means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling...

(28) "Consent", as used in part 3 of article 5 of this title, means voluntary, informed, written consent. When used in the context of confidential intermediaries, "consent" always shall be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. "Consent" may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304 (2) as a result of an inquiry by a confidential intermediary pursuant to section .

(28.5) "Consent form", as used in section (3), means a verified written statement signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of a minor adoptee that has been notarized and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency...

(35) "Custodian" means a person who has been providing shelter, food, clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court...

(37) "Department", as used in article 5 of this title, means the department of human services...

(56) (a) "Grandparent" means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage...

(60) "Guardianship of the person" means the duty and authority vested by court action to make major decisions affecting a child, including, but not limited to:

(a) The authority to consent to marriage, to enlistment in the armed forces, and to medical or surgical treatment;

(b) The authority to represent a child in legal actions and to make other decisions of substantial legal significance concerning the child;

(c) The authority to consent to the adoption of a child when the parent-child legal relationship has been terminated by judicial decree; and

(d) The rights and responsibilities of legal custody when legal custody has not been vested in another person, agency, or institution...

(61.5) "Half-sibling" shall have the same meaning as biological sibling provided in subsection (14) of this section...

(63) "Identifying" means giving, sharing, or obtaining information.

(63.5) "Identifying information", as used in section 19-5-305 (3), means copies of any adoption records, as that term is defined in subsection (6.5) of this section, that are in the possession of the child placement agency. "Identifying information" also includes the name of the adoptee before placement in adoption, the name and address of each consenting birth parent as they appear in the birth records, the current name, address, and telephone number of the adult adoptee, and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency...

(68) "Juvenile", as used in article 2 of this title, means a child as defined in subsection (18) of this section...

(70) "Juvenile court" or "court" means the juvenile court of the city and county of Denver or the juvenile division of the district court outside of the city and county of Denver...

(73.5) (a) "Legal representative", as used in sections 19-5-304 and 19-5-305, means the person designated by a court to act on behalf of any person described in section 19-5-304 (1) (b) (I) or 19-5-305 (2).

(b) For purposes of the term "legal representative", as used in section 19-5-304 and 19-5-305 and as defined in paragraph (a) of this subsection (73.5), "legal guardian" shall not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity...

(75) "Locating" means engaging in the process of searching for or seeking out...

(80) "Nonidentifying information", as used in part 4 of article 5 of this title, means information that does not disclose the name, address, place of employment, or any other material information that would lead to the identification of the birth parents and that includes, but is not limited to, the following:

(a) The physical description of the birth parents;

(b) The educational background of the birth parents;

(d) Genetic information about the birth family;

(e) Medical information about the adult adoptee's birth;

(f) Social information about the birth parents;

(g) The placement history of the adoptee...

(82) (a) "Parent" means either a natural parent of a child, as may be established pursuant to article 4 of this title, or a parent by adoption...

(85.5) (a) "Post-adoption record", as used in part 3 of article 5 of this title, means information contained in the files subsequent to the completion of an adoption proceeding.

(b) The post-adoption record may contain information concerning, but not limited to:

(I) The written inquiries from persons requesting access to records;

(II) The search efforts of the confidential intermediary;

(III) The response, if any, to those search efforts by the persons sought;

(IV) Any updated medical information gathered pursuant to part 3 of article 5 of this title; and

(V) Any personal identifying information concerning any persons subject to the provisions of part 3 of article 5 of this title...

(87.5) "Public adoption", as used in part 2 of article 5 of this title, means an adoption involving a child who is in the legal custody and guardianship of the county department of social services that has the right to consent to adoption for that child...

(94.2) "Reunited parties", as used in section 19-5-305, means any two persons who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1) (b) (I)...

(98.5) "Sibling group", as used in article 3 and article 5 of this title, means biological siblings who have been raised together or have lived together...

(101) "Spousal equivalent" means a person who is in a family-type living arrangement with a parent and who would be a stepparent if married to that parent...

(103) "State department", as used in section 19-3-211 and part 3 of article 3 of this title, means the department of human services created by section 24-1-120, C.R.S.

(104) "Stepparent" means a person who is married to a parent of a child but who has not adopted the child...

(107) "Termination of the parent-child legal relationship", as used in articles 3 and 5 of this title, means the permanent elimination by court order of all parental rights and duties, including residual parental rights and responsibilities, as provided in section 19-3-608...

19-5-304 - Confidential intermediaries - confidential intermediary services.

(1) (a) Any person who has completed a confidential intermediary training program that meets the standards set forth by the commission shall be responsible for notifying the commission that his or her name should be included on the list of confidential intermediaries to be maintained by the commission and made available to the judicial department. The commission shall adopt rules to determine when and under what conditions the name of a confidential intermediary shall be removed from the list available to the judicial department.

(b) Once a person is included on such list, he or she shall be:

(I) Authorized to inspect confidential relinquishment and adoption records and post-adoption records upon motion to the court by the following persons:

(A) An adult adoptee;

(B) An adoptive parent, custodial grandparent, or legal guardian of a minor adoptee;

(D) An adult descendant of the adoptee or the adoptive parent, spouse of an adoptee, adult stepchild, or adopted adult sibling of an adoptee with the notarized written consent of the adult adoptee;

(E) A biological grandparent of an adoptee with the notarized written consent of the biological parent. No written consent is required if the biological parent is deceased.

(F) The legal representative of any of the individuals listed in sub-subparagraphs (A) to (E) of this subparagraph (I).

(II) Available, subject to time constraints, for appointment by the court to act as a confidential intermediary for any of the parties listed in subparagraph (I) of this paragraph (b).

(2) Any of the parties listed in subparagraph (I) of paragraph (b) of subsection (1) of this section, any of whom are eighteen years of age or older, may file a motion, with supporting affidavit, in the court where the adoption took place, to appoint one or more confidential intermediaries for the purpose of determining the whereabouts of such individual's unknown relative or relatives; except that no one shall seek to determine the whereabouts of a relative who is younger than eighteen years of age. The court may rule on said motion and affidavit without hearing and may appoint a trained confidential intermediary.

(2.5) For purposes of paragraph (b) of subsection (1) of this section and subsection (2) of this section, "legal guardian" shall not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.

(3) Any information obtained by the confidential intermediary during the course of his or her investigation shall be kept strictly confidential and shall be utilized only for the purpose of arranging a contact between the individual who initiated the search and the sought-after biological relative or for the purpose of obtaining consent for the release of adoption records.

(4) (a) When a sought-after biological relative is located by a confidential intermediary on behalf of the individual who initiated the search, the confidential intermediary shall obtain consent from both parties that they wish to personally communicate with one another.

(b) Contact shall be made between the parties involved in the investigation only when consent for such contact has been received by the court.

(c) If consent for personal communication is not obtained from both parties, all relinquishment and adoption records and any information obtained by any confidential intermediary during the course of his or her investigation shall be returned to the court and shall remain confidential.

(5) All confidential intermediaries shall inform both the requesting biological relative and the sought-after biological relative of the existence of the voluntary adoption registry set forth in section 25-2-113.5, C.R.S.

(6) Any person acting as a confidential intermediary who knowingly fails to comply with the provisions of subsections (3) and (4) of this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of five hundred dollars.

Actual controversy between adverse parties must exist if a court is to sua sponte address the constitutionality of a statute. Juvenile court's ruling that this part 3 is unconstitutional was impermissible exercise of judicial authority since the issue was raised on behalf of unidentified parties that were not before the court on court's own motion in order to create a controversy that it then proceeded to decide. In re Tomlinson, 851 P.2d 170 (Colo. 1993).

19-5-305 - Access to adoption records - contact.

(1) Legislative declaration. The general assembly finds that on May 20, 1949, the general assembly amended Colorado law to provide that all adoption records in existence on that date and those records that came into existence after that date were to be sealed and thereby maintained confidential from the public. Thereafter, in 1967, the general assembly acted to preserve the anonymity of the birth parents, the child, and the adoptive parents in adoption actions. However, as a result of these changes, many adoptees have been unable to make informed medical decisions, determine genetic consequences of certain medical and reproductive decisions, and enjoy the benefits relating to knowledge about one's family history. Accordingly, the general assembly hereby determines that it is appropriate to allow access to certain adoption information by the parties to the adoption proceeding and the adoptee, but not by the public at large.

(2) Determination of accessibility of records and contact. Subject to the provisions of subsection (4) of this section, the accessibility of adoption records, in addition to inspection authorized by a court upon good cause shown pursuant to section 19-1-309, and the ability of a party to the adoption proceeding or the adoptee to contact the adoptee or another party shall be governed by the following provisions based upon the date on which the adoption was finalized:

(a) Adoptions finalized prior to September 1, 1999. (I) (A) Except to the extent disclosure is made in designated adoptions, all adoption records relating to adoptions finalized prior to September 1, 1999, shall remain confidential, and the names of the parties thereto and the name of the adoptee shall remain anonymous if the adoption was finalized on or after July 1, 1967. Such records shall be accessible by any of the parties listed in section 19-5-304 (1) (b) (I) through the appointment of a confidential intermediary pursuant to section 19-5-304 who successfully obtains consent from the person sought to release such adoption records or by mutual consent of the reunited parties upon proof of identification or as otherwise provided by law.

(B) (Deleted by amendment, L. 2000, p. 1369, § 3, effective July 1, 2000.)

(II) The court-appointed confidential intermediary shall make a diligent search of the adoption records and post-adoption records in an effort to find the sought-after person. If the confidential intermediary successfully locates the person sought, the confidential intermediary shall provide that person with the opportunity to:

(A) Consent to or to refuse to allow contact by the person seeking contact; and

(B) Consent to or refuse to allow disclosure of the adoption records to the person seeking such access.

(b) Adoptions finalized on or after September 1, 1999. (I) (A) All adoption records, as that term is defined in section 19-1-103 (6.5), relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adult adoptee, an adoptive parent of a minor adoptee, a custodial grandparent of a minor adoptee, or the legal representative of any such individual. In addition, all those records described in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V) relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adoptee's adoptive grandparent or by an adult descendant of an adult adoptee or the adoptive parent with the notarized written consent of the adult adoptee or the minor adoptee's adoptive parent. In addition, all those records described in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V), relating to adoptions finalized on or after September 1, 1999, shall be open to inspection and available for copying by an adult sibling of an adult adoptee, an adoptee's spouse, or the legal representative of any such individual upon notarized written consent of the adult adoptee. No other person or entity shall have access to such records except as otherwise provided by law.

(B) (Deleted by amendment, L. 2000, p. 1369, § 3, effective July 1, 2000.)

(C) Notwithstanding the provisions of sub-subparagraph (A) of this subparagraph (I), the adoption records shall not be open for inspection or available for copying with respect to any identifying information concerning a birth parent if such birth parent has previously provided the court and the child placement agency, if applicable, with a signed and notarized written statement within three years after the final order of relinquishment or termination specifying that such parent wishes the identifying information concerning that parent to remain confidential. The written statement shall remain in the court's and the child placement agency's relinquishment or termination file unless later withdrawn by the parent. The birth parent submitting such a written statement may also submit to the court and to the child placement agency a letter of explanation that shall be released to the adoptee at the time that the adoptee makes a request for inspection of the adoption records. No child placement agency shall be liable to any person for the failure of a birth parent to submit such a written statement to the court.

(II) For adoptions finalized on or after September 1, 1999, contact by an adult adoptee, an adoptive parent of a minor adoptee, or an adult descendant of the adoptee or the adoptive parent with a birth parent or biological relative may be attempted at any time directly or through another person or agency including, but not limited to, a confidential intermediary appointed pursuant to section 19-5-304; except that contact with a birth parent who has previously provided a written statement to the court and to the child placement agency as described in sub-subparagraph (C) of subparagraph (I) of this paragraph (b) may be attempted through a confidential intermediary appointed pursuant to section 19-5-304.

(III) For adoptions finalized on or after September 1, 1999, a birth parent shall have access to adoption records and contact with the adoptee or the adoptive family as otherwise provided by law.

(A) That the birth parent is deceased, then the person seeking the information, whether he or she is the adult adoptee, the adoptive parent of a minor adoptee, or the legal representative of any such individual, shall be allowed access to the adoption records. If one of the birth parents is deceased and the other birth parent is living but is nonconsenting, then access to the records shall be permitted as provided in this paragraph (c) without the name of the nonconsenting birth parent. In addition, an adoptee's adoptive grandparent, an adult descendant of an adult adoptee, an adoptee's spouse, or the legal representative of any such individual shall be allowed access to those records described in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V) if such person seeking the information has the notarized written consent of the adult adoptee or the adoptive parent if the adoptee is a minor.

(B) That the adoptee is deceased, then the person seeking the information, whether he or she is the adoptive parent, an adult descendant of the adoptee, or the legal representative of any such individual shall be allowed access to the adoption records. In addition, an adoptee's adoptive grandparent, an adult descendant of the adoptive parent, an adoptee's spouse, or the legal representative of any such individual shall be allowed access to those records described in section 19-1-103 (6.5) (a) (I), (6.5) (a) (II), (6.5) (a) (IV), and (6.5) (a) (V).

(II) (Deleted by amendment, L. 2000, p. 1369, § 3, effective July 1.)

(3) Access to identifying information through child placement agencies. (a) Upon proof of identity of the person submitting the consent form, a licensed child placement agency shall accept and may seek a consent form, as that term is defined in section 19-1-103 (28.5), from an adult adoptee or from either adult adoptee's birth parent or from an adoptive parent of a minor adoptee or from the legal representative of a minor adoptee authorizing the release of identifying information, as that term is defined in section 19-1-103 (63.5), concerning the person submitting the consent form, to the extent such information is available to the child placement agency. If only one birth parent has filed a consent form with the child placement agency, the child placement agency or any succeeding custodian of the records shall provide a copy of the identifying information without the name of and without identifying information about the nonconsenting birth parent.

(b) (I) Upon inquiry by an adult adoptee or an adult adoptee's birth parent or an adoptive parent of a minor adoptee seeking information about another party from a licensed child placement agency, the child placement agency shall be authorized to release identifying information to the inquiring person, upon proof of identity by the inquiring person, if the licensed child placement agency is in possession of a consent form from the party about whom information is sought authorizing such release.

(II) In those circumstances in which a child placement agency has released identifying information pursuant to paragraph (a) of this subsection (3), the child placement agency may attempt to locate at the last known address the person who had originally submitted the consent form and, upon locating such person, advise him or her of the release. If the inquiring person also submitted a consent form authorizing the release of identifying information about him or her, the child placement agency may provide such identifying information to the person located.

(III) A child placement agency that accepts a consent form may perform a search for the sought party, subject to the requirement that an employee designated by the child placement agency to perform a search and to contact the sought party shall have completed training that meets the standards set forth by the adoption intermediary commission.

(c) A licensed child placement agency that accepts a consent form may charge a reasonable fee to cover the direct and indirect costs associated with the services provided pursuant to this subsection (3), if a written fee agreement has been signed by the agency and the party submitting the consent form prior to the provision of any service. If a child placement agency charges a fee, then the child placement agency shall make reasonable efforts to locate the person being sought and to release the information the child placement agency obtained to the person located. The licensed child placement agency shall be required to provide a list of names, addresses, and telephone numbers of organizations performing similar services prior to signing any fee agreement with any party submitting a consent form. Information in the post-adoption record is confidential and shall not be disclosed by a licensed child placement agency or any succeeding custodian of the records, or a court except as specifically permitted in this part 3, or as otherwise permitted by law.

(d) The release of any information by a licensed child placement agency pursuant to this subsection (3) shall be subject to the provisions of subsection (4) of this section.

(4) Access to information and contact concerning sibling groups. Notwithstanding the provisions set forth in subsections (2) and (3) of this section authorizing access to adoption records and contact with an adoptee, in those circumstances in which one family has adopted two or more siblings, access to the adoption records concerning an adoptee and contact with an adoptee shall not occur until all of the siblings adopted by the family have attained eighteen years of age.

(5) Adult adoptee's restriction on access to records. Notwithstanding the provisions of subsection (2) of this section, an adult adoptee may, at any time, provide the court that finalized the adoption and the child placement agency with a signed and notarized written statement specifying that such adult adoptee wishes to maintain the identifying information concerning that adoptee confidential. The written statement shall remain in the court's adoption file unless later withdrawn by the adoptee. Nothing in this subsection (5) shall be construed to affect access to records through the confidential intermediary process.

19-1-309 - Relinquishments and adoption information.

Except as provided in parts 3 and 4 of article 5 of this title and section 19-1-303, all records and proceedings in relinquishment or adoption shall be confidential and open to inspection upon order of the court for good cause shown or as otherwise authorized pursuant to article 5 of this title. The court shall act to preserve the anonymity of the biological parents, the adoptive parents, and the child from the general public, except as ordered by the court for good cause shown pursuant to this section or except as authorized pursuant to a designated adoption or pursuant to section 19-5-104 (2) or part 3 or 4 of article 5 of this title. A separate docket shall be maintained for relinquishment proceedings and for adoption proceedings.

As of 1/1/06, an adoptee may have access to his/her original birth certificate if there is a contact preference form on file at Vital Records (Colorado Department of Health) from one of the birth parents named on the birth certificate. Either birth parent can file a contact preference form which will be maintained in the adoptee's record. Specific details about the program, and applicable forms are available at the following link:

http://www.cdphe.state.co.us/certs/adoption.html