a.  Voluntary Relinquishment.  The birth father and birth mother each file a petition to relinquish their parental rights.

b.  Involuntary Termination - Abandonment & Non-Support.  The custodial birth parent files a petition to voluntarily relinquish his or her parental rights plus the custodial birth parent and physical custodial adoptive parents jointly file a petition to terminate the parental rights of the non--custodial parent.  CRS 19-5-105 (3.1)

Common law marriage is lawful in Colorado and works as well as a statutory marriage - ceremony performed by judge, magistrate, pastor, priest or minister. 

a.  In step parent adoptions, relinquishment or termination occurs in the same lawsuit and is generally entered at the same time as the adoption decree.  

b.  In straight adoptions, relinquishment or termination of parental rights is the subject of a separate lawsuit for each birth parent.

c.  In grandparent or relative adoptions, relinquishment or termination of parental rights is again the subject of a separate lawsuit for each birth parent.

1.  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.  CRS 19-5-206 (2)(c)

2.  The court may waive the assessment and approval of the potential adoptive parents in cases involving kinship or custodial adoption or may determine and order what kind of information or written report it deems necessary, including an abbreviated home study or home evaluation. The court may proceed to finalize such adoptive placement upon finding that the placement is in the best interests of the child.   CRS 19-5-206 (2)(c)

3.  This essentially means the court may, in its discretion - but need not, proceed to finalization without requiring involvement of or assessment by  an adoption agency - licensed child placement agency.  Prior guardianship or residential care of the child by the grandparent or relative increases the potential for the court to waive the licensed child placement agency assessment, homestudy and possible parenting classes.  This is a significant expense savings - possibly thousands of dollars.

(1) (a) No person shall offer, give, charge, or receive any money or other consideration or thing of value in connection with the relinquishment and adoption, except attorney fees and such other charges and fees as may be approved by the court.
             (b) No person, other than an adoption exchange whose membership includes county departments and child placement agencies, a licensed child placement agency, or a county department, shall offer, give, charge, or receive any money or other consideration or thing of value in connection with locating or identifying for purposes of adoption any child, natural parent, expectant natural parent, or prospective adoptive parent; except that physicians and attorneys may charge reasonable fees for professional services customarily performed by such persons.
        (2) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment for ninety days in the county jail, or by both such fine and imprisonment.

Attorney Position Regarding Relinquishment Counseling

Counsel will insist that adoptive parents offer relinquishment counseling to both adult or minor birth parents, and offer to pay reasonable fees and costs incurred during relinquishment counseling. 

Counsel will make the offer to each birth parent in writing and identify a suggested licensed placement agency.  Each birth parent will be advised that a deposit has been made toward counseling expense and that clients will pay reasonable relinquishment counseling expense.  Why? 

Relinquishment counseling is not free.  The cost is commonly borne by the adoptive parent(s).  In counsel's opinion, the counseling is money well spent.  Ben Franklin who coined the phrase: "An ounce of prevention is worth a pound of cure."  A later attack upon the relinquishment and adoption is the stuff of which TV movies are made.  Not a plan.

Catholic Charities of Colorado Springs, a licensed child placement agency, has conducted birth parent relinquishment counseling in multiple kinship adoption cases in which attorney has been counsel of record.  As of December, 2010 anticipate an initial deposit of $425 per birth parent to be counseled, and fees being billed at $85 per hour.  Final cost may be more or less than the initial deposit, however counsel has found this agency to be quite reasonable with respect to billings.  This limited cost would anticipate relinquish counseling and execution of an affidavit of relinquishment counseling, however would not anticipate preparation of any pleadings in the relinquishment case, nor home study in the kinship adoption case, nor appearance at a hearing.  Other licensed child placement agencies may be willing to provide "ala carte" relinquishment counseling only, however counsel is unaware of any.  Service provider fees and costs are subject to change and billing by the provider.  Prospective clients are welcome to contact other licensed child placement agencies regarding services & costs, and to utilize any licensed child placement agency for relinquishment counseling.  Estimated fees noted above would not include expedited hearing affidavit, notice and filing under CRS 19-5-103.5.

a.  That the parent is unfit. In considering the fitness of the child's parent, the court shall consider, but shall not be limited to, the following:
 
     (I) Emotional illness, mental illness, or mental deficiency of the parent of such duration or nature as to render the parent unlikely, within a reasonable period of time, to care for the ongoing physical, mental, and emotional needs of the child;
 
     (II) A single incident of life-threatening or serious bodily injury or disfigurement of the child or other children;
 
     (III) Conduct toward the child or other children of a physically or sexually abusive nature;
 
     (IV) A history of violent behavior that demonstrates that the individual is unfit to maintain a parent- child relationship with the minor;
 
     (V) Excessive use of intoxicating liquors or use of controlled substances, as defined in section 12-22-303 (7), C.R.S., that affects the ability of the individual to care and provide for the child;
 
     (VI) Neglect of the child or other children;
 
     (VII) Injury or death of a sibling or other children due to proven abuse or neglect by such parent;
 
     (VIII) Whether, on two or more occasions, a child in the physical custody of the parent has been adjudicated dependent or neglected in a proceeding under article 3 of this title or comparable proceedings under the laws of another state or the federal government;
 
     (IX) Whether, on one or more prior occasions, a parent has had his or her parent-child legal relationship terminated pursuant to this section or article 3 of this title or comparable proceedings under the laws of another state or the federal government.

b.  That the parent has not established a substantial, positive relationship with the child.  The court shall consider, but shall not be limited to, the following in determining whether the parent has established a substantial, positive relationship with the child:
 
     (I) Whether the parent has maintained regular and meaningful contact with the child;
 
     (II) Whether the parent has openly lived with the child for at least one hundred eighty days within the year preceding the filing of the relinquishment petition or, if the child is less than one year old at the time of the filing of the relinquishment petition, for at least one-half of the child's life; and
 
     (III) Whether the parent has openly held out the child as his or her own child.

c.  That the parent has not promptly taken substantial parental responsibility for the child. In making this determination the court shall consider, but shall not be limited to, the following:
 
     (I) Whether the parent who is the subject of the petition is served with notice and fails to file an answer within thirty days after service of the notice and petition to terminate the parent-child legal relationship, or within twenty days if the petition for termination was filed pursuant to section 19-5-103.5, or fails to file a paternity action, pursuant to article 4 of this title, within thirty days after the birth of the child or within thirty days after receiving notice that he is the father or likely father of the child, or, for those petitions filed pursuant to section 19-5-103.5, within twenty days after the birth of the child or after receiving notice that he is the father or likely father of the child;
 
     (II) Whether the parent has failed to pay regular and reasonable support for the care of the child, according to that parent's means; and
 
     (III) Whether the birth father has failed to substantially assist the mother in the payment of the medical, hospital, and nursing expenses, according to that parent's means, incurred in connection with the pregnancy and birth of the child.