Colorado Revised Statutes

Colo. Rev. Stat. § 19-5-202 (2026)

Who may adopt

✓ current as of July 2026

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(1) Any person twenty-one years of age or older, including a foster parent, may petition the court to decree an adoption. (2) A minor, upon approval of the court, may petition the court to decree an adoption. (3) A person having a living spouse from whom he is not legally separated shall petition jointly with such spouse, unless such spouse is the natural parent of the child to be adopted or has previously adopted the child. (4) A person having a living partner in a civil union from whom the person is not legally separated shall petition jointly with the partner, unless the partner is the natural parent of the child to be adopted or has previously adopted the child. (5) A person who is a partner in a civil union may adopt a child of the other partner through the same process outlined in section 19-5-203 for a stepparent adoption and shall be considered a stepparent for the purpose of determining whether a child is available for adoption pursuant to section 19-5-203 (1).

Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 88: (1) amended, p. 758, § 4, effective May 31. L. 2013: (4) and (5) added, (SB 13-011), ch. 49, p. 167, § 24, effective May 1.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-4-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

19-5-202.5. Adoption hearings - termination appeals - court docket priority - exceptions. (1) On and after July 1, 2002, any hearing concerning a petition for adoption filed in a district court, the Colorado court of appeals, or the Colorado supreme court and any hearing concerning a petition filed in the Colorado court of appeals or the Colorado supreme court related to a child who is available for adoption due to an order of the court terminating the parent-child legal relationship shall be given a priority on the court's docket. On and after July 1, 2002, if there is no determination on a case concerning a petition for adoption or a case concerning a child who is available for adoption due to an order of the court terminating the parent-child legal relationship by any such court within six months of the filing of the petition, it shall be given a priority on the court's docket that supersedes the priority of any other priority civil hearing on the court's docket. (2) Notwithstanding the provisions of subsection (1) of this section, nothing in this section shall affect the priority of a hearing concerning the issuance of a temporary protection order pursuant to section 13-14-104.5, C.R.S. (3) The provisions of this section shall be implemented within existing appropriations.

Source: L. 2002: Entire section added, p. 1643, § 1, effective July 1. L. 2003: (2) amended, p. 1016, § 28, effective July 1. L. 2004: (2) amended, p. 557, § 16, effective July 1. L. 2013: (2) amended, (HB 13-1259), ch. 218, p. 1017, § 22, effective July 1.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1995–2021 · leading case: In Re Marriage of Hartley, 886 P.2d 665 (Colo. 1995).

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In Re Marriage of Hartley, 886 P.2d 665 (Colo. 1995). · cites it 4× “A minor of fourteen years of age or older may prevent appointment of his guardian from becoming effective or may cause a previously accepted appointment to terminate by filing with the court in which the will is probated or the written instrument is filed with a written…”

In the Matter of the Adoption Of: Atws, Minor Child, Ka v., 2021 WY 62 (Wyo. 2021). “, Colo. Rev. Stat. Ann. § 19-5-202 (3) (“A person having a living spouse from whom he is not legally separated shall petition jointly with such spouse[.”

— Colo. Rev. Stat. § 19-5-202(2) — 1 case

In Re Marriage of Hartley, 886 P.2d 665 (Colo. 1995). “A minor of fourteen years of age or older may prevent appointment of his guardian from becoming effective or may cause a previously accepted appointment to terminate by filing with the court in which the will is probated or the written instrument is filed with a written…”

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