(1) After the entry of a final decree of adoption, the person adopted is, for all intents and purposes, the child of the petitioner. He or she is entitled to all the rights and privileges and is subject to all the obligations of a child born to the petitioner.
(1.5) An employer who permits paternity or maternity time off for biological parents following the birth of a child shall, upon request, make such time off available for individuals adopting a child. If the employer has established a policy providing time off for biological parents, that period of time shall be the minimum period of leave available for adoptive parents. Requests for additional leave due to the adoption of an ill child or a child with a disability shall be considered on the same basis as comparable cases of such complications accompanying the birth of such a child to an employee or employee's spouse. Any other benefits provided by the employer, such as job guarantee or pay, shall be available to both adoptive and biological parents on an equal basis. An employer shall not penalize an employee for exercising the rights provided by this subsection (1.5). The provisions of this subsection (1.5) shall not apply to an adoption by the spouse of a custodial parent or to a second-parent adoption.
(2) The parents shall be divested of all legal rights and obligations with respect to the child, and the adopted child shall be free from all legal obligations of obedience and maintenance with respect to the parents.
(2.5) The child shall be eligible for enrollment and coverage by any medical or dental insurance held by the prospective adoptive parents if, and on such a basis as, such coverage would be available to a child naturally born to the prospective adoptive parents.
(3) Nothing in this part 2 shall be construed to divest any natural parent or child of any legal right or obligation where the adopting parent is a stepparent and is married to said natural parent.
Source: L. 87: Entire title R&RE, p. 810, § 1, effective October 1. L. 88: (1.5) added, p. 759, § 1, effective April 13. L. 93: (1.5) amended, p. 1638, § 26, effective July 1. L. 97: (2.5) added, p. 1165, § 11, effective July 1. L. 99: (2) amended, p. 1065, § 8, effective June 1. L. 2007: (1.5) amended, p. 838, § 4, effective August 3. L. 2018: (1) amended, (SB 18-095), ch. 96, p. 754, § 12, effective August 8.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987.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- 113 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 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
Notes of Decisions
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996).
· cites it 22× “(emphasis added) Also relevant to this inquiry is § 19-5-211, C.R.S. (1995 Cum.Supp.) which provides in pertinent part that, after a final decree of adoption is entered by the district court: (2) The natural parents shall be divested of all legal rights and obligations with…”
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
· cites it 2× “the child is a child of the parent for the purpose of intestate succession”); § 19-5-211(1), C.R.S. 2018 (“After the entry of a final decree of adoption, the person adopted is, for all intents and purposes, the child of the [adopting parent].”
In Re Adoption of Ca, 137 P.3d 318 (Colo. 2006).
· cites it 2× “We disagree, however, with the court of appeals ruling in favor of a standard that requires grandparents to demonstrate parental unfitness, or substantial or significant harm to the child from the parental determination.”
Est. of David v. Snelson, 776 P.2d 813 (Colo. 1989).
· cites it 2× “” This language is virtually identical to section 4-1-11(2), the 1953 version of section 19-5-211(2), and described the legal effects of a final decree of adoption on the natural parents and the adopted children.”
In Re the Marriage of Aragon, 764 P.2d 419 (Colo. Ct. App. 1988).
· cites it 3× “Supp.). She argues that a grandparent’s visitation rights are derivative of the natural parent’s rights with respect to the child and, therefore, are divested by adoption.”
Petition of SO, 795 P.2d 254 (Colo. 1990).
· cites it 2× “" § 19-5-211(2), 8B C.R.S. (1989 Supp.). See, e.”
of Gallegos, 2021 COA 115 (Colo. Ct. App. 2021).
· cites it 2× “” § 19-5-211(2), C.R.S. 2020. Relatedly, a “child’s status as an heir at law .”
In re R.A., 66 P.3d 146 (Colo. Ct. App. 2002).
· cites it 3× “Section 19-5-211, C.R.S.2002, provides that after the entry of a final adoption decree, the person adopted shall be, to all intents and purposes, the child of the adoptive parent.”
In Re the Marriage of Murray, 790 P.2d 868 (Colo. Ct. App. 1989).
· cites it 2× “8) (current version § 19-5-211, C.R.S. (1988 Cum.Supp.)) provided: “(1) After the entry of a final decree of adoption, the person adopted shall be, to all intents and purposes, the child of the petitioner.”
Burnett v. Maddocks, 881 N.W.2d 185 (Neb. 2016).
“It is merely a means of giving effect to a personal transaction mutu- ally agreeable between two adults. No rights of the natu- ral parents of the person adopted are taken from them, or even mentioned, where the purpose of the adoption is to acquire an adult “heir at law.”
People ex rel. S.M.O., 931 P.2d 572 (Colo. Ct. App. 1996).
· cites it 3× “Section 19-5-211, C.R.S. (1996 Cum. Supp.”
— Colo. Rev. Stat. § 19-5-211(1) — 8 cases
v. Spalding Rehab., 2019 COA 93 (Colo. Ct. App. 2019).
“the child is a child of the parent for the purpose of intestate succession”); § 19-5-211(1), C.R.S. 2018 (“After the entry of a final decree of adoption, the person adopted is, for all intents and purposes, the child of the [adopting parent].”
In Re Adoption of Ca, 137 P.3d 318 (Colo. 2006).
“We disagree, however, with the court of appeals ruling in favor of a standard that requires grandparents to demonstrate parental unfitness, or substantial or significant harm to the child from the parental determination.”
— Colo. Rev. Stat. § 19-5-211(2) — 6 cases
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996).
“(emphasis added) Also relevant to this inquiry is § 19-5-211, C.R.S. (1995 Cum.Supp.) which provides in pertinent part that, after a final decree of adoption is entered by the district court: (2) The natural parents shall be divested of all legal rights and obligations with…”
Est. of David v. Snelson, 776 P.2d 813 (Colo. 1989).
“” This language is virtually identical to section 4-1-11(2), the 1953 version of section 19-5-211(2), and described the legal effects of a final decree of adoption on the natural parents and the adopted children.”
Petition of SO, 795 P.2d 254 (Colo. 1990).
“" § 19-5-211(2), 8B C.R.S. (1989 Supp.). See, e.”
of Gallegos, 2021 COA 115 (Colo. Ct. App. 2021).
“” § 19-5-211(2), C.R.S. 2020. Relatedly, a “child’s status as an heir at law .”
— Colo. Rev. Stat. § 19-5-211(3) — 3 cases
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996).
“(emphasis added) Also relevant to this inquiry is § 19-5-211, C.R.S. (1995 Cum.Supp.) which provides in pertinent part that, after a final decree of adoption is entered by the district court: (2) The natural parents shall be divested of all legal rights and obligations with…”
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