(1) Any person desiring to adopt an adult as heir at law shall file his petition therefor in the juvenile court of the county of his residence or the county of the residence of the person sought to be adopted, and thereupon summons shall issue the same as provided in the Colorado rules of civil procedure and be served on the person sought to be adopted. Such person shall file in the court a written answer to the petition within the time required by the summons and shall either consent to such adoption or deny or disclaim all desire to be adopted by such person.
(2) Upon the filing, by the person sought to be adopted, of a disclaimer of all desire to become the heir at law of the petitioner, the petition shall be dismissed by the court, but upon the filing of a consent to such adoption, whether by the person sought to be adopted or by a legally qualified conservator or other representative if such person is non compos mentis at the time, the prayer of the petition shall be granted, and a decree of adoption shall be rendered and entered by the court declaring such person the heir at law of the petitioner and entitled to inherit from the petitioner any property in all respects as if such adopted person had been the petitioner's child born in lawful wedlock, and such decree may or may not change the name of such adopted person, as the court rendering the decree may deem advisable; and such decree or a certified copy thereof may be used as primary evidence in any court establishing the status of the person so adopted.
(3) Any action for adoption pursuant to this section shall follow the same procedure insofar as practicable as provided in part 2 of article 5 of title 19, C.R.S., concerning the adoption of children.
Source: L. 67: p. 1055, § 1. C.R.S. 1963: § 4-2-1. L. 87: (3) amended, p. 815, § 14, effective October 1.
MARRIAGE AND RIGHTS OF MARRIED PERSONS ARTICLE 2 Marriage and Rights of Married Persons PART 1 UNIFORM MARRIAGE ACT Editor's note: (1) This part 1 was numbered as article 1 of chapter 90, C.R.S. 1963. The provisions of this part 1 were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) In In re Hogsett, 2021 CO 1, 478 P.3d 713, the Colorado supreme court held that a common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.
Annotator's note: For the test for proving a common law marriage, see In re Hogsett, 2021 CO 1, 478 P.3d 713.
Notes of Decisions
Cited in
9
cases, 1977–2019 · leading case:
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
· cites it 11× “¶ 19 Second, section 14-1-101 places persons adopted as adults on the same footing as persons adopted as children, indeed, as natural born children, for purposes of intestate succession.”
Matter of Trust Created by Belgard, 829 P.2d 457 (Colo. Ct. App. 1991).
· cites it 6× “Settlor died in 1975, and, in *459 1979, respondent adopted his adult wife pursuant to § 14-1-101, C.R.S. (1987 Repl. Vol. 6B). Upon appointment of the successor trustee, an Amended Trust Registration Statement was sent to respondent, his wife, and his sons in which the adopted…”
People v. McNeese, 892 P.2d 304 (Colo. 1995).
· cites it 2× “sections 14-1-101 to 14-4-104, C.R.S. ...”
Olson v. Priest, 564 P.2d 122 (Colo. 1977).
· cites it 2× “The Uniform Dissolution of Marriage Act, section 14-1-101, et seq., C.R.S. 1973, provides a comprehensive scheme relating to custody matters.”
Burnett v. Maddocks, 881 N.W.2d 185 (Neb. 2016).
“Section 14-1-101 allows a person to “adopt an adult as [an] heir at law” by petitioning for a decree “declaring [the adult] the heir at law of the petitioner and entitled to inherit from the petitioner any property in all respects as if such adopted person had been the…”
In re P.A.L., 5 P.3d 390 (Colo. Ct. App. 2000).
· cites it 7× “Petitioner filed his petition pursuant to § 14-1-101, C.R.S.1999, together with a con *391 sent to the adoption and a waiver and acceptance of service signed by his sister.”
A. G. P. v. City & Cnty. of Denver, 632 P.2d 582 (Colo. 1981).
· cites it 4× “The administrator apparently intends to urge that the board not recognize the father-son relationship created by an adult adoption because section 14-1-101 applies to “[a]ny person desiring to adopt an adult as heir at law.”
Johnson v. Johnson, 829 P.2d 457 (Colo. Ct. App. 1991).
· cites it 6× “Settlor died in 1975, and, in *459 1979, respondent adopted his adult wife pursuant to § 14-1-101, C.R.S. (1987 Repl. Vol. 6B). Upon appointment of the successor trustee, an Amended Trust Registration Statement was sent to respondent, his wife, and his sons in which the adopted…”
In Re Pal, 5 P.3d 390 (Colo. Ct. App. 2000).
· cites it 7× “Petitioner filed his petition pursuant to § 14-1-101, C.R.S.1999, together with a consent *391 to the adoption and a waiver and acceptance of service signed by his sister.”
— Colo. Rev. Stat. § 14-1-101(2) — 3 cases
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
“¶ 19 Second, section 14-1-101 places persons adopted as adults on the same footing as persons adopted as children, indeed, as natural born children, for purposes of intestate succession.”
Matter of Trust Created by Belgard, 829 P.2d 457 (Colo. Ct. App. 1991).
“Settlor died in 1975, and, in *459 1979, respondent adopted his adult wife pursuant to § 14-1-101, C.R.S. (1987 Repl. Vol. 6B). Upon appointment of the successor trustee, an Amended Trust Registration Statement was sent to respondent, his wife, and his sons in which the adopted…”
Johnson v. Johnson, 829 P.2d 457 (Colo. Ct. App. 1991).
“Settlor died in 1975, and, in *459 1979, respondent adopted his adult wife pursuant to § 14-1-101, C.R.S. (1987 Repl. Vol. 6B). Upon appointment of the successor trustee, an Amended Trust Registration Statement was sent to respondent, his wife, and his sons in which the adopted…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.