Colo. Rev. Stat. » Title 19
Colorado Revised Statutes

Colo. Rev. Stat. § 19-5-203 (2026)

Availability for adoption

✓ current as of July 2026
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(1) A child may be available for adoption only upon:

(a) Order of the court terminating the parent-child legal relationship in a proceeding brought under article 3 or 5 of this title;

(b) Order of the court decreeing the voluntary relinquishment of the parent-child legal relationship under section 19-5-103, 19-5-103.5, or 19-5-105;

(c) Written and verified consent of the guardian of the person, appointed by the court, of a child whose parents are deceased;

(d) (I) Written and verified consent of the parent in a stepparent adoption where the other parent is deceased or his parent-child legal relationship has been terminated under paragraph (a) or (b) of this subsection (1);

(II) Written and verified consent of the parent in a stepparent adoption, accompanied by an affidavit or sworn testimony of such parent, that the other birth parent has abandoned the child for a period of one year or more or that the other birth parent has failed without cause to provide reasonable support for such child for a period of one year or more. Upon filing of the petition in adoption, the court shall issue a notice directed to the other parent, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the other parent is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that, after diligent search, the address of the other parent remains unknown, the court shall order service upon the other parent by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such time, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2). (d.5) (I) Written and verified consent in a second-parent adoption that the child has a sole legal parent, and the sole legal parent wishes the child to be adopted by a specified second adult.

(II) In a petition for a second-parent adoption, the court shall require a written home study report prepared by a county department of human or social services, designated qualified individual, or child placement agency and approved by the department pursuant to section 19-5- 207.5 (2). If the child of a sole legal parent was adopted by that parent less than one hundred eighty-two days prior to the filing of an adoption petition by a second prospective parent and if the second prospective parent was included in the home study report that was prepared pursuant to section 19-5-207 for the adoption of the child by the first parent, then that home study report is a valid home study report for the purpose of the second parent's adoption. If the filing of a petition for adoption by the second prospective parent occurs one hundred eighty-two days or more after the adoption by the first parent, a separate home study report is required pursuant to section 19-5-207.

(e) Written and verified consent of the parent having only residual parental responsibilities when custody or parental responsibilities have been awarded or allocated to the other parent in a dissolution of marriage proceeding where the spouse of the parent having custody or parental responsibilities wishes to adopt the child;

(f) Written and verified consent of the parent or parents, as defined in section 19-1-103, in a stepparent adoption where the child's parents were not married at the time the child was conceived and born;

(g) A statement by the department of human services or its designated agent as to whether any placement arranged outside the state of Colorado was carried out by a child placement agency licensed or authorized under the laws of another state to make placements;

(h) Verification by the child placement agency, a county department of human or social services, or the attorney for the petitioner in any adoption proceeding that any custody obtained outside the state of Colorado was acquired by:

(I) Proceedings to relinquish all parent-child legal relationships which complied with the laws of the state where conducted or conformed substantially to the laws of this state; or

(II) Proceedings to terminate all parent-child legal relationships which complied with the laws of the state where conducted or conformed substantially to the laws of this state; or

(III) Written and verified consent, under the conditions set forth in paragraphs (c) to (f) of this subsection (1), which was executed in accord with the laws of the state where granted or in substantial conformity with the laws of this state;

(i) Verification by the department of human services or its designated agent that any custody obtained outside the state of Colorado was acquired by proceedings sanctioned by the federal immigration and naturalization service, or any successor agency, in cooperation with the department of human services whenever such cooperation is authorized or advised by federal law;

(j) Submission of an affidavit or sworn testimony of the adoptive relative in a kinship adoption that the birth parent or birth parents have abandoned the child for a period of one year or more or that the birth parent or birth parents have failed without cause to provide reasonable support for such child for a period of one year or more, and that the relative seeking the kinship adoption has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title. Upon filing of the petition in adoption, the court shall issue a notice directed to the birth parent or birth parents, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the birth parent is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that describes with specificity the diligent search made by the petitioner, and that states that, after diligent search, the address of the birth parent or birth parents remains unknown, the court shall order service upon the birth parent or birth parents by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such hearing, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).

(k) Submission of an affidavit or sworn testimony of the legal custodian or legal guardian in a custodial adoption that the birth parent or birth parents have abandoned the child for a period of one year or more or that the birth parent or birth parents have failed without cause to provide reasonable support for such child for a period of one year or more and that the legal custodian or legal guardian seeking the custodial adoption has had the child in his or her physical custody for a period of one year or more. Upon filing of the petition in adoption, the court shall issue a notice directed to the birth parent or birth parents, which notice shall state the nature of the relief sought, the names of the petitioner and the child, and the time and place set for hearing on the petition. If the address of the birth parent or birth parents is known, service of such notice shall be in the manner provided by the Colorado rules of civil procedure for service of process. Upon affidavit by the petitioner that describes with specificity the diligent search made by the petitioner, and that states that, after diligent search, the address of the birth parent or birth parents remains unknown, the court shall order service upon the birth parent or birth parents by one publication of the notice in a newspaper of general circulation in the county in which the hearing is to be held. The hearing shall not be held sooner than thirty-five days after service of the notice is complete, and, at such hearing, the court may enter a final decree of adoption notwithstanding the time limitation in section 19-5-210 (2).

(2) Written consent to any proposed adoption shall be obtained from the person to be adopted if such person is twelve years of age or older.

Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1; (1)(f) amended, p. 1587, § 61, effective October 1. L. 94: (1)(g) and (1)(i) amended, p. 2688, § 211, effective July 1. L. 97: (1)(d)(II) amended, p. 1161, § 4, effective July 1. L. 98: (1)(f) amended, p. 822, § 29, effective August 5; (1)(e) amended, p. 1410, § 73, effective February 1, 1999. L. 99: (1)(j) and

(1)(k) added, p. 1062, § 3, effective June 1. L. 2005: (1)(b) amended, p. 765, § 25, effective June 1. L. 2007: (1)(d.5) added, p. 837, § 1, effective August 3. L. 2011: (1)(i) amended, (HB 11- 1303), ch. 264, p. 1158, § 38, effective August 10. L. 2012: (1)(d)(II), (1)(d.5)(II), (1)(j), and

(1)(k) amended, (SB 12-175), ch. 208, p. 878, § 140, effective July 1. L. 2018: (1)(d.5)(II) and IP(1)(h) amended, (SB 18-092), ch. 38, p. 426, § 69, effective August 8; (1)(f) amended, (SB 18- 095), ch. 96, p. 754, § 11, effective August 8. L. 2021: (1)(f) amended, (SB 21-059), ch. 136, p. 735, § 87, effective October 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- 107 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.

Notes of Decisions
Cited in 41 cases (9 in the last 5 years), 1989–2026 · leading case: In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996).
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In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). · cites it 36× “" The district court determined that the children were not "available for adoption" within the meaning of § 19-5-203, C.R.S. (1995 Cum.Supp.) because the petitioners were not married to each other and because each petitioner sought to retain parental rights over her natural…”
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020). · cites it 3× “§ 19-5-203(1)(d)(II), C.R.S. 2019; D.P.H.”
Petition of SO, 795 P.2d 254 (Colo. 1990). · cites it 26× “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
In Re the Marriage of Rodrick, 176 P.3d 806 (Colo. Ct. App. 2007). · cites it 4× “Section 19-5-203, C.R.S.2006, sets forth different circumstances in which a child may be adopted.”
in Interest of C.W.B., Jr, 2018 CO 8 (Colo. 2018). · cites it 2× “Although the parent–child legal relationship must be terminated under either Article 3 or Article 5 before a child may be available for adoption, see § 19-5-203(1)(a), several additional events must occur before the juvenile court enters an adoption order.”
D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011). · cites it 9× “might be read as inconsistent with the retrospective nature of section 19-5-203(1)(d)(I1I) in the abandonment context.”
In re Adoption of I.E.H, 2019 COA 40 (Colo. Ct. App. 2019). “It is governed by sections 19-5-203(1)(d)(II) and 19-5-210(6), C.”
Young v. C.A.H., 176 P.3d 726 (Colo. 2007). · cites it 5× “Section 19-5-203, C.R.S. (2007), provides that a child is not available for adoption unless a parent or guardian gives his or her consent, a court receives an affidavit or sworn testimony that the child has been abandoned for one year or more, or a court enters an order…”
In re the D.S.L., 18 P.3d 856 (Colo. Ct. App. 2001). · cites it 3× “According to father, mother could seek to terminate his parental rights only in conjunction with a stepparent adoption pursuant to § 19-5-203(1)(d)(II), C.R.S.2000. We agree.”
Taylor Ex Rel. Adoption of M.R.D., 134 P.3d 579 (Colo. Ct. App. 2006). · cites it 2× “Section 19-5-203(l)(d)(II), requires that, upon the filing of a petition for a stepparent adoption, a notice shall be issued by the court directed to the other parent, which states the nature of the relief sought, the names of the stepparent and the child, and the time and place…”
In re C.L.S., 252 P.3d 556 (Colo. Ct. App. 2011). · cites it 2× “See § 19-5-203(1), C.R.S.2010 (identifying circumstances under which a child is available for adoption); In re Adoption of T.”
In Re C.A.B.L., 221 P.3d 433 (Colo. Ct. App. 2009). · cites it 2× “1985); see also § 19-5-203(1)(), C.R.98.2009 (child is available for adoption when natural parent has abandoned the child for a period of one year or more or has failed without cause to provide reasonable child support for one year or more).”
Show all 41 citing cases →
— Colo. Rev. Stat. § 19-5-203(1) — 6 cases
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). “" The district court determined that the children were not "available for adoption" within the meaning of § 19-5-203, C.R.S. (1995 Cum.Supp.) because the petitioners were not married to each other and because each petitioner sought to retain parental rights over her natural…”
In re C.L.S., 252 P.3d 556 (Colo. Ct. App. 2011). “See § 19-5-203(1), C.R.S.2010 (identifying circumstances under which a child is available for adoption); In re Adoption of T.”
In Re C.A.B.L., 221 P.3d 433 (Colo. Ct. App. 2009). “1985); see also § 19-5-203(1)(), C.R.98.2009 (child is available for adoption when natural parent has abandoned the child for a period of one year or more or has failed without cause to provide reasonable child support for one year or more).”
M.C. v. Adoption Choices of Colorado, 369 P.3d 659 (Colo. Ct. App. 2014).
In Re Cls, 252 P.3d 556 (Colo. Ct. App. 2011).
— Colo. Rev. Stat. § 19-5-203(1)(a) — 2 cases
in Interest of C.W.B., Jr, 2018 CO 8 (Colo. 2018). “Although the parent–child legal relationship must be terminated under either Article 3 or Article 5 before a child may be available for adoption, see § 19-5-203(1)(a), several additional events must occur before the juvenile court enters an adoption order.”
People ex rel. S.N-V., 300 P.3d 911 (Colo. Ct. App. 2011).
— Colo. Rev. Stat. § 19-5-203(1)(c) — 1 case
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). “" The district court determined that the children were not "available for adoption" within the meaning of § 19-5-203, C.R.S. (1995 Cum.Supp.) because the petitioners were not married to each other and because each petitioner sought to retain parental rights over her natural…”
— Colo. Rev. Stat. § 19-5-203(1)(d)(I1I) — 1 case
D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011). “might be read as inconsistent with the retrospective nature of section 19-5-203(1)(d)(I1I) in the abandonment context.”
— Colo. Rev. Stat. § 19-5-203(1)(d)(II) — 15 cases
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020). “§ 19-5-203(1)(d)(II), C.R.S. 2019; D.P.H.”
D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011). “might be read as inconsistent with the retrospective nature of section 19-5-203(1)(d)(I1I) in the abandonment context.”
In re Adoption of I.E.H, 2019 COA 40 (Colo. Ct. App. 2019). “It is governed by sections 19-5-203(1)(d)(II) and 19-5-210(6), C.”
In re the D.S.L., 18 P.3d 856 (Colo. Ct. App. 2001). “According to father, mother could seek to terminate his parental rights only in conjunction with a stepparent adoption pursuant to § 19-5-203(1)(d)(II), C.R.S.2000. We agree.”
Petition of SO, 795 P.2d 254 (Colo. 1990). “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
— Colo. Rev. Stat. § 19-5-203(1)(e) — 2 cases
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020). “§ 19-5-203(1)(d)(II), C.R.S. 2019; D.P.H.”
Petition of SO, 795 P.2d 254 (Colo. 1990). “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
— Colo. Rev. Stat. § 19-5-203(1)(f) — 2 cases
Petition of SO, 795 P.2d 254 (Colo. 1990). “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
Petition of R.M.C. III (Colo. Ct. App. 2022).
— Colo. Rev. Stat. § 19-5-203(1)(h) — 1 case
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). “" The district court determined that the children were not "available for adoption" within the meaning of § 19-5-203, C.R.S. (1995 Cum.Supp.) because the petitioners were not married to each other and because each petitioner sought to retain parental rights over her natural…”
— Colo. Rev. Stat. § 19-5-203(1)(j) — 4 cases
In Re C.A.B.L., 221 P.3d 433 (Colo. Ct. App. 2009). “1985); see also § 19-5-203(1)(), C.R.98.2009 (child is available for adoption when natural parent has abandoned the child for a period of one year or more or has failed without cause to provide reasonable child support for one year or more).”
In Re Cabl, 221 P.3d 433 (Colo. Ct. App. 2009).
Of S.s.a.r, 2019 COA 112 (Colo. Ct. App. 2019).
Adoption of RP (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 19-5-203(1)(k) — 6 cases
In Re the Marriage of Rodrick, 176 P.3d 806 (Colo. Ct. App. 2007). “Section 19-5-203, C.R.S.2006, sets forth different circumstances in which a child may be adopted.”
In re J.D.K., 37 P.3d 541 (Colo. Ct. App. 2001).
In re the Adoption of K.L.L., 160 P.3d 383 (Colo. Ct. App. 2007).
In Re Jct, 176 P.3d 726 (Colo. 2007).
In Re Petition of JDK, 37 P.3d 541 (Colo. Ct. App. 2001).
— Colo. Rev. Stat. § 19-5-203(2) — 1 case
Peo in Interest of PM (Colo. Ct. App. 2024).
— Colo. Rev. Stat. § 19-5-203(I)(d)(II) — 1 case
In Re Cao for Adoption of Gmr, 192 P.3d 508 (Colo. Ct. App. 2008).
— Colo. Rev. Stat. § 19-5-203(d)(II) — 2 cases
In Re Ird, 971 P.2d 702 (Colo. Ct. App. 1998).
ERS v. Oda, 779 P.2d 844 (Colo. 1989).
— Colo. Rev. Stat. § 19-5-203(l)(d)(II) — 5 cases
Taylor Ex Rel. Adoption of M.R.D., 134 P.3d 579 (Colo. Ct. App. 2006). “Section 19-5-203(l)(d)(II), requires that, upon the filing of a petition for a stepparent adoption, a notice shall be issued by the court directed to the other parent, which states the nature of the relief sought, the names of the stepparent and the child, and the time and place…”
Petition of SO, 795 P.2d 254 (Colo. 1990). “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
B.N.A.A. v. O.D.A., 779 P.2d 844 (Colo. 1989).
In re I.R.D., 971 P.2d 702 (Colo. Ct. App. 1998).
People ex rel. S.M.O., 931 P.2d 572 (Colo. Ct. App. 1996).
— Colo. Rev. Stat. § 19-5-203(l)(e) — 1 case
Petition of SO, 795 P.2d 254 (Colo. 1990). “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
— Colo. Rev. Stat. § 19-5-203(l)(f) — 1 case
Petition of SO, 795 P.2d 254 (Colo. 1990). “The court must decide whether the child is "available for adoption" pursuant to section 19-5-203, 8B C.R.S. (1989 Supp.).”
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