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How do I give up rights to my son and what paperwork do I need
Oct 21, 2023
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

The relinquishment of parental rights in Colorado is a structured legal process aimed at ensuring the best interests of the child are met. Initially, a willing legal guardian must be identified to take custody of the child, with an exception under Colorado's Safe Haven Law for infants within 72 hours of birth. Birth parents must legally relinquish their rights, either to adoptive parents or through an adoption agency. Mandatory counseling is required before legal termination of parental rights can be requested from the court, and if the child is of a certain age, they must attend as well.

Subsequent steps involve preparing and filing the necessary paperwork including the child's birth certificate, an official Petition for Relinquishment, an Affidavit of Relinquishment Counseling, and the Relinquishment Interrogatories for both parents, among other documents. These documents must be filed in the county where the child or the relinquishing parent resides, or where the involved agency is located. You can find the court promolgated forms here.

Lastly, a court hearing is scheduled to present the case and await the judge’s decision, focusing on the child's best interests. However, for infants under one year, and if the other parent is unobjectionable or untraceable, an adoption may proceed without a hearing. This process ensures that the legal, emotional, and logistical aspects of relinquishing parental rights are thoroughly addressed, prioritizing the child's welfare throughout.

For more information on the process read our article "What to Do When You Decide to Relinquish Your Parental Rights." If you would like to speak with an attorney, please contact us.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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