There are many types of adoption in Colorado, including foster care adoption, private domestic adoption, international adoption, and stepparent adoption. In all types of adoption, both living biological parents must agree to the adoption and terminate their parental rights. The only exception to this is when a parent is deceased or their parental rights were terminated due to court intervention in cases of abuse, neglect, addiction, or incarceration for violent crimes.
When one parent objects to another party’s adoption of their child, they have the right to contest the adoption. Call our adoption lawyer in Denver to discuss your case at (303) 451-0300.
When Can a Parent Contest a Colorado Adoption?
Fortunately, most adoptions happen because both biological parents agree to the adoption as a way to give their child a better life or because they are unable or unwilling to take on the enormous expense and responsibility of caring for a child. Unfortunately, however, there are times when one parent has reason to contest an adoption. There are several ways in which contested adoptions occur:
- The birth father was unaware of the pregnancy
- A person other than the one named as the father comes forward as the true biological parent
- One parent has a change of heart
- A biological father feels that they were coerced into their initial consent
- A non-custodial parent contests their child’s adoption by a stepparent
Biological fathers are the most common party to contest an adoption. Although contesting an adoption doesn’t always prevent the adoption from becoming finalized, a contested adoption in Colorado means the case will require a hearing before a judge for both sides to present their arguments for or against the adoption. A court must terminate a biological parent’s parental rights in order for an adoption to proceed.
What Is the Process of Contested Adoption In Colorado?
A legal adoption in Colorado requires both living biological parents to terminate their parental rights. When a parent—typically the biological father—contests an adoption that is already in progress, all involved parties must attend a hearing in court. In most cases, the child is already living with the prospective adoptive parents. This is the case with foster-parent adoption, private infant adoption, and stepparent adoption.
In some circumstances, the biological parent’s rights to the child are clear. In other cases, the adoptive parents have a strong case, for instance, with evidence of the contesting parent’s unfitness due to a history of child abuse, neglect, addiction, or violent criminal history. If the decision isn’t immediately evident, the judge schedules a Best Interests Hearing for both sides to prevent arguments and evidence.
During the hearing, a judge hears arguments and reviews evidence from the contesting parent and the adoptive parents. If the judge decides that the biological parent is in good standing and both willing and able to care for the child, they may side with the parent, in which case the adoption halts and custody of the child goes to the parent. If the adoptive parents make a compelling case proving that it’s in the child’s best interest to become their legally adopted child, the court may decide in their favor and issue the adoption, giving custody to the adoptive parents.
Colorado courts make all decisions in the best interest of the child. It’s imperative to have experienced legal representation throughout the process of a contested adoption in Colorado. Hiring a family lawyer in Denver will help you go through this challenging process with ease and legal expertise.