Colorado Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown

State:
Multi-State
Control #:
US-01539BG
Format:
Word; 
Rich Text
Instant download

Description

If the father's name is known but his whereabouts are unknown, some states require the adoption agency or attorney to make reasonable efforts to locate him. What constitutes reasonable effort? The answer differs by state and, often, by judges within a state.


Many birth fathers in domestic adoption situations are unknown to the birth mother, or are not involved in the adoption process in any way. It is vital to follow state laws to try and locate or provide notice to any unknown birth father or identified potential birth father whose whereabouts are unknown or who simply is not in contact with the birth mother any longer. The birth father's rights will be terminated by the courts after these steps are taken to provide him notice.

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FAQ

Reversing an Adoption in Colorado In adoptions, birth parents voluntarily give up parental rights to the adoptive parents. However, if a birth parent does so under coercion or duress and does not truly wish to give up a child, he or she can sometimes secure a reversal through the family law system.

The person adopting must be 21 years of age or older. The person adopting cannot have been convicted of a felony that involves child abuse, violent crime, or unlawful sexual behavior. The child being adopted should be under 18 years old.

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

This means, the adopted child cannot petition for his or her biological parents or siblings, and they cannot receive any immigration benefit from them. In your case, since you obtained your green card because of an adoption, you cannot petition your biological parent, or your biological brothers or sisters.

In most states, birth mothers can sign TPR anywhere from 48?72 hours after birth. In many states, TPR is irrevocable, meaning once the paperwork is signed, it is impossible for the birth parents to change their mind. However, other states have revocation periods that last anywhere from one week to 30 days.

In Colorado, stepparents who wish to adopt must be in a civil union with or married to the custodial parent, be at least 21 years old, and reside in the same county where they file the adoption. A stepparent adoption also requires the consent of the custodial and non-custodial parents.

When a child is adopted, this ends all of the birth parents' rights and responsibilities. A birth parent cannot just reappear one day and try to reclaim the child.

A birth mother or biological parents who have given their child up for adoption cannot get the child back once the adoption has been legally finalized. That is because parental rights have been completely terminated from the biological parents and transferred to the adoptive parents.

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Colorado Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown