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

Colo. Rev. Stat. § 19-5-210 (2026)

Hearing on petition

✓ current as of July 2026
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(1) A hearing on the petition for adoption shall be held on the date set or the date to which the matter has been regularly continued.

(1.5) Except in stepparent, second parent, custodial, or kinship adoptions, the court shall issue a certificate of approval of placement, placing the child's custodial care with prospective adoptive parents pending final hearing on the petition for adoption, if it appears to the court that the placement for adoption is in the best interest of the child.

(2) In stepparent, custodial, or kinship adoptions, the court shall hold a hearing on the petition as soon as possible. In all other adoptions, the court shall hold a hearing on the petition no sooner than one hundred eighty-two days after the date the child begins to live in the prospective adoptive parent's home, unless for good cause shown that time is extended or shortened by the court. At the hearing held on the petition, the court shall enter a decree setting forth its findings and grant to the petitioner a final decree of adoption if it is satisfied as to:

(a) The availability of the child for adoption;

(b) The good moral character, the ability to support and educate the child, and the suitableness of the home of the person adopting such child; (b.5) The fingerprint-based criminal history record checks of the prospective adoptive parent as reported to the court by the county department of human or social services or the child placement agency pursuant to section 19-5-207 (2.5) or the information provided to the court pursuant to section 19-5-208 (5) does not reveal a criminal history described in section 19-5-207 (2.5)(a);

(c) The mental and physical condition of the child as a proper subject for adoption in said home;

(d) The fact that the best interests of the child will be served by the adoption; and

(e) If the child is part of a sibling group, whether it is in the best interests of the child to remain in an intact sibling group. If the county department or child placement agency locates an appropriate, capable, willing, and available joint placement for all of the children in the sibling group, it shall be presumed that placement of the entire sibling group in the joint placement is in the best interests of the children. Such presumption may be rebutted by a preponderance of the evidence that placement of the entire sibling group in the joint placement is not in the best interests of a child or of the children. The judge shall review the family services plan document regarding placement of siblings.

(3) The former name of the child shall not be stated in the final decree of adoption.

(4) If, after the hearing, the court is not satisfied as to the matters listed in subsection (2) of this section, the petition for adoption may be either continued or dismissed in the discretion of the court. The court shall not grant the decree of final adoption if it determines that the prospective adoptive parent was convicted at any time by a court of competent jurisdiction of a felony in one of the following areas: Child abuse or neglect; spousal abuse; any crime against a child; or any crime involving violence, rape, sexual assault, or homicide, excluding other physical assault or battery. For stepparent, kinship, or custodial adoptions, in addition to not granting a decree of final adoption in circumstances involving the felony convictions listed in this subsection (4), the court shall not grant the decree of final adoption if it determines that the prospective adoptive parent was convicted of a felony for physical assault or battery that was committed within the past five years.

(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), all hearings with reference to adoption shall be closed to the public and, in the discretion of the court, to any child who is the subject of adoption and who is under twelve years of age, but the court may interview the child whenever it deems it proper.

(b) Upon motion by any party to an adoption or upon the court's own motion, the court may order that an adoption hearing be opened to the public or to the child who is, or the children who are, the subject of the adoption if the court finds that opening the hearing is in the best interests of the child who is, or the children who are, the subject of the adoption hearing and the court finds that the potential adoptive parents have consented to an open hearing.

(6) In a stepparent adoption, in addition to issuing a final decree of adoption, the court shall enter an order terminating the other parent's parental rights. In a custodial or kinship adoption, in addition to issuing a final decree of adoption, the court shall enter an order terminating the parental rights of the child's parents.

(7) In cases involving the adoption of a child or youth who is part of a sibling group but who is not being adopted with the child's siblings, in addition to issuing a final decree of adoption, if the adoptive parents are willing, the court may encourage reasonable family time among the siblings when family time is in the best interests of the child, youth, or children. The court shall review the record and inquire as to whether the adoptive parents have received counseling regarding children or youth in sibling groups maintaining or developing ties with each other.

Source: L. 87: Entire title R&RE, p. 809, § 1, effective October 1. L. 97: IP(2) amended, p. 1165, § 10, effective July 1. L. 98: (2) and (4) amended, p. 1423, § 12, effective July 1. L. 99: Entire section amended, p. 1064, § 7, effective June 1. L. 2000: (2) amended and (7) added, p. 478, § 8, effective July 1. L. 2003: (2)(e) amended, p. 2628, § 11, effective June 5. L. 2005: IP(2) and (5) amended, p. 94, § 4, effective March 31. L. 2007: (1.5) amended, p. 838, § 3, effective August 3. L. 2012: IP(2) amended, (SB 12-175), ch. 208, p. 880, § 142, effective July 1. L. 2018: (2)(b.5) amended, (SB 18-092), ch. 38, p. 432, § 76, effective August 8. L. 2023: (7) amended, (HB 23-1027), ch. 284, p. 1686, § 24, effective June 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- 112 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 HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 1989–2025 · leading case: Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020).
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Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020). · cites it 2× “§ 19-5-210(6), C.R.S. 2019; see also D.P.”
Kazadi v. People, 291 P.3d 16 (Colo. 2012). · cites it 2× “(2012)); the inability to adopt a child if convicted of certain offenses, including any crime involving violence (section 19-5-210(4)); the inability to change one's name (section 13-15-101(2)(b), C.”
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). · cites it 4× “While § 19-5-210, C.R.S. (1995 Cum.Supp.) requires a hearing for adoption proceedings, it does not change the requirement that the child be available for adoption before a decree of adoption can be entered.”
Petition of SO, 795 P.2d 254 (Colo. 1990). · cites it 4× “The hearing shall not be held sooner than thirty 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). (e) Written and verified consent of the parent having only…”
People Ex Rel. Ae, 994 P.2d 465 (Colo. Ct. App. 1999). · cites it 4× “See § 19-5-210(6), C.R.S.1999. Accordingly, I conclude that the General Assembly intended that § 19-1-109(2)(b) does not require an immediate appeal from a judgment terminating one parent's rights, but rather, that such parent be permitted to file an appeal either after such…”
In Re Custody of C.C.R.S., 872 P.2d 1337 (Colo. Ct. App. 1994). · cites it 2× “), and adoption, § 19-5-210, et seq., C.R.S. (1993 Cum.Supp.”
In re J.D.K., 37 P.3d 541 (Colo. Ct. App. 2001). · cites it 3× “Section 19-5-210(2)(d), C.R.S. 2001. In determining whether termination and adoption would be in the best interests of the child, the court may consider, among other factors: family stability; the present and future effects of adoption, including the detrimental effects of…”
People ex rel. S.M.O., 931 P.2d 572 (Colo. Ct. App. 1996). · cites it 5× “Section 19-5-210(2), C.R.S. (1996 Cum.Supp.”
D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011). · cites it 3× “In order to approve the adoption, the court must first determine whether the adoption is in the best interests of the child in accordance with section 19-5-210(2)(d), C.R.S. (2010). The court then must determine whether a child is available for adoption pursuant to section…”
In re C.A.O., 192 P.3d 508 (Colo. Ct. App. 2008). · cites it 2× “Father's see-ond request sought an indefinite continuance based on his incarceration, lack of access to Colorado statutes, need "for preparation because of the complex and sensitive nature of this case," and to obtain representation and an expert witness.”
People ex rel. A.C., 304 P.3d 589 (Colo. Ct. App. 2011). “§ 19-5-210(1), (2)(b), (d), C.R.S.2011. They must still wait, however, for a court to determine after a hearing whether it is "satisfied" that, among other things, the best interests of the child are served by the adoption.”
B.N.A.A. v. O.D.A., 779 P.2d 844 (Colo. 1989). “See § 19-5-210(2)(d), 8B C.R.S. (1988 Supp.) (best interests of the child); § 19-5-203(l)(d)(II) (failure to provide support).”
Show all 19 citing cases →
Colo. Rev. Stat. § 19-5-210(1): 1 case
People ex rel. A.C., 304 P.3d 589 (Colo. Ct. App. 2011). “§ 19-5-210(1), (2)(b), (d), C.R.S.2011. They must still wait, however, for a court to determine after a hearing whether it is "satisfied" that, among other things, the best interests of the child are served by the adoption.”
Colo. Rev. Stat. § 19-5-210(2): 6 cases
Petition of SO, 795 P.2d 254 (Colo. 1990). “The hearing shall not be held sooner than thirty 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). (e) Written and verified consent of the parent having only…”
People ex rel. S.M.O., 931 P.2d 572 (Colo. Ct. App. 1996). “Section 19-5-210(2), C.R.S. (1996 Cum.Supp.”
In re C.A.O., 192 P.3d 508 (Colo. Ct. App. 2008). “Father's see-ond request sought an indefinite continuance based on his incarceration, lack of access to Colorado statutes, need "for preparation because of the complex and sensitive nature of this case," and to obtain representation and an expert witness.”
In Re Cao for Adoption of Gmr, 192 P.3d 508 (Colo. Ct. App. 2008).
Petition of R.M.C. III (Colo. Ct. App. 2022).
Colo. Rev. Stat. § 19-5-210(2)(d): 7 cases
In re J.D.K., 37 P.3d 541 (Colo. Ct. App. 2001). “Section 19-5-210(2)(d), C.R.S. 2001. In determining whether termination and adoption would be in the best interests of the child, the court may consider, among other factors: family stability; the present and future effects of adoption, including the detrimental effects of…”
D.P.H. v. J.L.B., 260 P.3d 320 (Colo. 2011). “In order to approve the adoption, the court must first determine whether the adoption is in the best interests of the child in accordance with section 19-5-210(2)(d), C.R.S. (2010). The court then must determine whether a child is available for adoption pursuant to section…”
B.N.A.A. v. O.D.A., 779 P.2d 844 (Colo. 1989). “See § 19-5-210(2)(d), 8B C.R.S. (1988 Supp.) (best interests of the child); § 19-5-203(l)(d)(II) (failure to provide support).”
Dph v. Jlb, 260 P.3d 320 (Colo. 2011).
In Re Petition of JDK, 37 P.3d 541 (Colo. Ct. App. 2001).
Colo. Rev. Stat. § 19-5-210(4): 2 cases
Kazadi v. People, 291 P.3d 16 (Colo. 2012). “(2012)); the inability to adopt a child if convicted of certain offenses, including any crime involving violence (section 19-5-210(4)); the inability to change one's name (section 13-15-101(2)(b), C.”
Adoption of MJL (Colo. Ct. App. 2025).
Colo. Rev. Stat. § 19-5-210(6): 2 cases
Of Mmv, 2020 COA 94 (Colo. Ct. App. 2020). “§ 19-5-210(6), C.R.S. 2019; see also D.P.”
People Ex Rel. Ae, 994 P.2d 465 (Colo. Ct. App. 1999). “See § 19-5-210(6), C.R.S.1999. Accordingly, I conclude that the General Assembly intended that § 19-1-109(2)(b) does not require an immediate appeal from a judgment terminating one parent's rights, but rather, that such parent be permitted to file an appeal either after such…”
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