Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0370.01 Beth Braby HOUSE BILL 04-1105 HOUSE SPONSORSHIP Madden and Boyd SENATE SPONSORSHIP (None) House Committees Senate Committees Information & Technology A BILL FOR AN ACT Concerning the creation of adoption procedures to extend parental rights to same-gendered parents. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Defines "second parent" to mean an unmarried person 21 years of age or older who wishes to adopt the child of an unmarried parent of the same gender. Defines "co-parents" to mean 2 unmarried persons 21 years of age or older of the same gender who wish to jointly adopt a child who has been placed with them for adoption by the county department of social services, a licensed child placement agency, or an individual. Authorizes a second-parent adoption in a manner similar to that of a stepparent adoption. Authorizes co-parents to jointly adopt a child by following established procedures for adoption. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 19-1-103, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 19-1-103. Definitions. As used in this title or in the specified portion of this title, unless the context otherwise requires: (29.7) "Co-parents" means two unmarried persons twenty-one years of age or older of the same gender who wish to jointly adopt a child who has been placed with them for adoption by the county department of social services, a licensed child placement agency, or an individual. (94.7) "Second parent" means an unmarried person twenty-one years of age or older who wishes to adopt the child of an unmarried parent of the same gender. SECTION 2. 19-5-202, Colorado Revised Statutes, is amended to read: 19-5-202. Who may adopt. (1) Any person twenty-one years of age or older, including a foster parent, a second parent, or co-parents, 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 or she 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) Co-parents wishing to adopt a child who has been placed with them for adoption by the county department of social services, a licensed child placement agency, or an individual shall petition jointly and shall comply with all relevant procedures contained in this part 2. (5) A second parent wishing to adopt a child shall obtain the written verified consent of the child's parent and shall comply with all procedures required for a stepparent adoption. SECTION 3. 19-5-203 (1) (d), (1) (e), and (1) (f), Colorado Revised Statutes, are amended to read: 19-5-203. Availability for adoption. (1) A child may be available for adoption only upon: (d) (I) Written and verified consent of the parent in a stepparent or second-parent adoption where the other parent is deceased or his or her 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 or second-parent 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 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). (III) Written and verified consent of an unmarried parent in a second-parent adoption, accompanied by a certified copy of a decree of adoption, when the child was previously adopted by the unmarried adoptive parent and that parent wishes to share parental responsibilities with the second parent; (IV) Written and verified consent of an unmarried parent in a second-parent adoption, accompanied by an affidavit or sworn testimony of such parent that, pursuant to section 19-4-106, the child was conceived by assisted reproduction and therefore has only one legally recognized parent and that parent wishes to share parental responsibilities with the second parent; (e) (I) 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; or (II) 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 parent having custody or parental responsibilities wishes a second parent to adopt the child; (f) Written and verified consent of the parent or parents as defined in section 19-1-103 (82) in a stepparent or second-parent adoption where the child is conceived and born out of wedlock; SECTION 4. 19-5-208 (5), Colorado Revised Statutes, is amended to read: 19-5-208. Petition for adoption. (5) In all stepparent, second-parent, custodial, and kinship adoptions, the petition shall contain a statement informing the court whether 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, or other physical assault or battery. In addition, the petitioner shall attach to the petition a current criminal records check, paid for by the petitioner. SECTION 5. 19-5-209 (1), Colorado Revised Statutes, is amended to read: 19-5-209. Petition - written home study reports. (1) Except for second-parent adoptions, stepparent adoptions, kinship adoptions, custodial adoptions, and those cases in which placement for adoption has been made by the court, if a petition for the adoption of a child is not accompanied by the written consent and home study report of the qualified county department of social services, individual, or a licensed child placement agency approved by the state department of human services pursuant to section 19-5-207.5 (2), the court shall order the county department of social services, individual, or licensed child placement agency to make an investigation and file a written home study report substantially in the form outlined in section 19-5-207 (2), including a recommendation as to whether the adoption should be decreed. SECTION 6. 19-5-210 (1.5), the introductory portion to 19-5-210 (2), and 19-5-210 (4) and (6), Colorado Revised Statutes, are amended to read: 19-5-210. Hearing on petition. (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, second-parent, 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 six months after the date of the placement, 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: (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, second-parent, 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. (6) In a stepparent or a second-parent 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. SECTION 7. 19-5-211 (1) and (3), Colorado Revised Statutes, are amended to read: 19-5-211. Legal effects of final decree. (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. He or she shall be entitled to all the rights and privileges and be subject to all the obligations of a child born in lawful wedlock to the petitioner. (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 second parent or is a stepparent and is married to said natural parent. SECTION 8. 19-5-214 (1), Colorado Revised Statutes, is amended to read: 19-5-214. Limitation on annulment of adoption - best interests standard. (1) No final decree of adoption shall be attacked by reason of any jurisdictional or procedural defect after the expiration of ninety days following the entry of the final decree; except that, in cases of stepparent or second-parent adoption adoptions, no final decree of adoption shall be attacked by reason of fraud upon the court or fraud upon a party, whether or not there is a jurisdictional or procedural defect, after the expiration of one year following the entry of the final decree of adoption. SECTION 9. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.