Law and Legislative Information
(d) Access to original birth certificates for adoptions finalized prior to September 1, 1999. (I) This paragraph (d) applies to adoptions finalized in this state prior to September 1, 1999.
(II) On and after January 1, 2007, the following persons may apply to the state registrar for a noncertified copy of the unaltered original birth certificate of an adoptee who was born in this state or whose adoption was finalized in this state or both and whose adoption records have been sealed due to an adoption proceeding:
(B) An adult descendant of the adoptee who submits a written explanation of the person's relationship to the adoptee;
(C) An adult birth parent who signed or is named on the original birth certificate;
(D) The legal representative of any of the individuals listed in sub-subparagraphs (A) to (C) of this subparagraph (II).
(B) Only one birth parent has filed an authorization to release the original birth certificate prior to January 1, 2007, and the state registrar has not received an authorization to release the original birth certificate from the other birth parent, the state registrar shall issue the original birth certificate to the applicant with the name of the nonconsenting birth parent redacted.
(V) Nothing in this paragraph (d) shall be construed to affect the ability of a member of the adoption triad to obtain access to adoption records, including the original birth certificate, through the appointment of a confidential intermediary, through an employee of a child placement agency trained to perform a search pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section, through mutual consent of the reunited parties, or through a court order upon good cause shown pursuant to section 19-1-309.
(1.5) Contact preference and updated medical history statements - authorizations to release of the original birth certificate.
(b) The state registrar shall also prescribe an updated medical history statement, that a birth parent may submit, with the completed contact preference form, to the state registrar. Such medical history statement shall be a brief narrative statement written by the birth parent indicating medical information about the birth parent or other biological relatives. Such medical history statement shall indicate that the birth parent is waiving confidentiality of any medical information supplied in the statement with respect to the adoptee, an adult descendant of an adoptee, or a legal representative of such person and to the state registrar or his or her designees. The birth parent may submit additional updated medical history statements to the state registrar no more frequently than every three years, unless there is a significant change in medical history.
(c) The contact preference forms and updated medical history statements shall be maintained in the records of the state registrar and shall be accessible to the adult adoptee, the adult descendant of the adoptee, or the legal representative of the adoptee or descendant, who submits a written application form, proof of identity, and an explanation of the person's relationship to the adoptee, if applicable.
(d) In developing the contact preference form and the updated medical history statement, the state registrar shall consult with and obtain input from the adoption intermediary commission.
(e) When the state registrar receives a contact preference form or an updated medical history statement or both from a birth parent, the state registrar or the state registrar's authorized designee shall match the contact preference form and the updated medical history statement, if applicable, with the adoptee's sealed original birth certificate, and shall update its records to indicate that a birth parent has filed a contact preference form or an updated medical history statement or both with the state registrar. The state registrar is authorized to verify the submission of a contact preference form or an updated medical history statement and to provide a copy of a contact preference form to a confidential intermediary appointed pursuant to section 19-5-304 or to a designated employee of a child placement agency who is searching pursuant to subparagraph (III) of paragraph (b) of subsection (3) of this section.
(f) The state registrar shall designate certain employees to process, maintain, allow inspection of, and make copies of contact preference forms and updated medical history statements and to prepare and issue noncertified copies of the unaltered original birth certificates as authorized in this section.
(g) The state registrar shall accept contact preference forms and updated medical history statements on and after January 1, 2006.
(2) Determination of accessibility of records and contact. Subject to the provisions of subsection (4) of this section, the accessibility of adoption records, in addition to inspection authorized by a court upon good cause shown pursuant to section 19-1-309, and the ability of a party to the adoption proceeding or the adoptee to contact the adoptee or another party, shall be governed by the following provisions based upon the date on which the adoption was finalized:
25-2-113.5. Limited access to information upon consent of all parties - voluntary adoption registry. Statute text
(1) Adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parent and child between an adoptee and his adoptive parents. Under current laws and the social premises underlying adoption, the general assembly has been charged with the duty to preserve the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees, and the adoptive parents. The general assembly recognizes, however, that some adults who were adopted as children and some birth parents whose children were surrendered for adoption have a strong desire to obtain information about each other. The purpose of this section is to set up a voluntary adoption registry where qualified persons may register their willingness to the release of information to each other and to provide for the disclosure of such information.
(2) As used in this section, unless the context otherwise requires:
(a) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption.
(b) "Consent" means a verified written statement which has been notarized.
(c) "Identifying information" includes the following information:
(I) The name of the qualified adoptee before placement in adoption;
(II) The name and address of each qualified birth parent as it appears in birth records;
(III) The current name, address, and telephone number of the qualified adult adoptee; and
(IV) The current name, address, and telephone number of each qualified birth parent.
(d) "Qualified adult adoptee" means an adopted person eighteen years of age or older who was born in Colorado and who meets the requirements of this section.
(e) "Qualified birth parent" means a genetic, biological, or natural parent whose rights were voluntarily or involuntarily terminated by a court or otherwise and who meets the requirements of this section. "Birth parent" includes a man who is the parent of a child as established in accordance with the provisions of the "Uniform Parentage Act", article 4 of title 19, C.R.S., prior to the termination of parental rights and who meets the requirements of this section.
(f) "Registrar" means the state registrar of vital statistics or his designated representative.
(g) "Relative" includes an individual's spouse, birth parent, adoptive parent, sibling, or child who is twenty-one years of age or older.
(h) "Voluntary adoption registry" or "registry" means a place where eligible persons, as described in this section, may indicate their willingness to have their identities and whereabouts disclosed to each other under conditions specified in this section.
(3) The registrar shall maintain a confidential list of qualified adult adoptees who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified adult adoptee shall be accompanied by the adoptee's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified adult adoptee desires release of his identifying information if a match occurs after his death. The qualified adult adoptee may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed adoptee. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section.
(4) The registrar shall maintain a confidential list of qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth parent shall be accompanied by the birth parent's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birth parent desires release of his identifying information if a match occurs after his death. The qualified birth parent may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth parent. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section. Any birth parent who in terminating his parental rights used an alias, and this alias is listed in the original sealed birth certificate, may also file a consent with the registry. A birth parent shall not be matched with the qualified adult adoptee without the consent of the other birth parent unless:
(b) The other birth parent is deceased; or
(c) The other birth parent is unable to be located by the department of public health and environment after an exhaustive search, the cost of said search to be fully funded by the birth parent seeking a match, said search to be in accordance with the rules and regulations promulgated by the department.
(6) The registrar shall regularly review the lists provided for in subsections (3), (4), and (5) of this section and any other nonsealed administrative files or records within his office to determine if there is a match. If it appears that a match has occurred, then and only then is the registrar authorized to proceed to confirm the match through recourse to sealed documents on file in the office of the registrar. When a match is confirmed, the registrar shall notify each party, by his designated method only, prior to an exchange of identifying information. Nothing in this section shall be construed to allow any state or local governmental department, agency, or institution, or any employee thereof, to solicit any consent for the release of identifying information.
(7) Nothing in this section shall be construed to allow the registrar to issue a copy of the original birth certificate to any registrant.
(8) Any person who knowingly uses, publishes, or divulges information obtained through operation of the registry to any person in a manner not authorized by this section commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of five hundred dollars.
(9) Notwithstanding any other provision of law, the information acquired by the registry shall not be disclosed under any public records law, sunshine or freedom of information legislation, rules, or practice.
(10) (a) The executive director of the department of public health and environment shall establish fees to be charged each person requesting that his name be placed on the list provided for in subsection (3), (4), or (5) of this section and for the services provided by the registrar in establishing and implementing the registry pursuant to this section. It is the intent of the general assembly that the fees shall cover all direct and indirect costs incurred pursuant to this section.
(b) The fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund. The general assembly shall annually appropriate from the general fund to the department of public health and environment an amount sufficient to meet expenses incurred pursuant to this section.
19-5-402. Access to nonidentifying information. Any adult adoptee or any adoptive parent may request nonidentifying information about the adoptee or the birth parents of the adoptee from the department. The department shall provide directly to the inquiring adult adoptee or adoptive parent or to the qualified agency selected pursuant to section 19-5-403 the nonidentifying information which is available to the department. The department shall adopt rules governing the disclosure of nonidentifying information.
(3) Access to identifying information through child placement agencies. (a) Upon proof of identity of the person submitting the consent form, a licensed child placement agency shall accept and may seek a consent form, as that term is defined in section 19-1-103 (28.5), from an adult adoptee or from either adult adoptee's birth parent or from an adoptive parent of a minor adoptee or from the legal representative of a minor adoptee authorizing the release of identifying information, as that term is defined in section 19-1-103 (63.5), concerning the person submitting the consent form, to the extent such information is available to the child placement agency. If only one birth parent has filed a consent form with the child placement agency, the child placement agency or any succeeding custodian of the records shall provide a copy of the identifying information without the name of and without identifying information about the nonconsenting birth parent.
(b) (I) Upon inquiry by an adult adoptee or an adult adoptee's birth parent or an adoptive parent of a minor adoptee seeking information about another party from a licensed child placement agency, the child placement agency shall be authorized to release identifying information to the inquiring person, upon proof of identity by the inquiring person, if the licensed child placement agency is in possession of a consent form from the party about whom information is sought authorizing such release.
(II) In those circumstances in which a child placement agency has released identifying information pursuant to paragraph (a) of this subsection (3), the child placement agency may attempt to locate at the last known address the person who had originally submitted the consent form and, upon locating such person, advise him or her of the release and provide him or her with the opportunity to fill out a contact preference form and updated medical history statement as prescribed in subsection (1.5) of this section. If the inquiring person also submitted a consent form authorizing the release of identifying information about him or her, the child placement agency may provide such identifying information to the person located.
(III) A child placement agency that accepts a consent form may perform a search for the sought party, subject to the requirement that an employee designated by the child placement agency to perform a search and to contact the sought party shall have completed training that meets the standards set forth by the adoption intermediary commission.
(c) A licensed child placement agency that accepts a consent form may charge a reasonable fee to cover the direct and indirect costs associated with the services provided pursuant to this subsection (3), if a written fee agreement has been signed by the agency and the party submitting the consent form prior to the provision of any service. If a child placement agency charges a fee, then the child placement agency shall make reasonable efforts to locate the person being sought and to release the information the child placement agency obtained to the person located. The licensed child placement agency shall be required to provide a list of names, addresses, and telephone numbers of organizations performing similar services prior to signing any fee agreement with any party submitting a consent form. Information in the post-adoption record is confidential and shall not be disclosed by a licensed child placement agency or any succeeding custodian of the records, or a court except as specifically permitted in this part 3, or as otherwise permitted by law.
(d) The release of any information by a licensed child placement agency pursuant to this subsection (3) shall be subject to the provisions of subsection (4) of this section.
ADOPTION RECORDS have been closed since 1942. All adoption records are closed upon finalization. Effective July 1, 2005, birthparents can fill out a contact preference form with the State Of Colorado, the cost for this is $20. This is the form that ALLOWS the adoptee to receive the OBC after January 1, 2007. The form allows for birthparents to specify what kind of contact they wish to have with the adoptee. Please be aware, that if a birthparent chooses the Confidential Intermediary service, the cost is approximately $700, and it is not clear whether the birthparent would pay this or the adoptee. If the child placement agency option is checked, the cost might be less, and appears to be paid by the birthparent. This form also contains a section for both birthparents to fill out updated medical information.
Most all private agencies will furnish non-identifying information to an adoptee for a price. If the adoption was through a county Dept that handled adoptions then the only way to get non-identifying information is to go through Adoption Options. For information see this page of the website and scroll down to Adoption Options.
For copies of FINAL DECREE of ADOPTION, write to the clerk of the district court in the county where the adoption took place.
Records and papers in relinquishment and adoption proceedings from and after the filing of a petition appear to now be open provided the parties have signed a consent form. This includes both CCIS, and adoption agencies.
In Denver searches contact the Juvenile Court. All other counties contact the District Court.
Medical records are possibly available through a doctor. Some hospitals will send medical records. You need a name to ask for this. State law in colorado does say that all are entitled to their full medical records.
(5 U.S.C. 552), as amended.
(b) Disclosure of information for enrollment of Indian child in tribe or for determination of member rights or benefits; certification of entitlement to enrollment
Upon the request of the adopted Indian child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian tribe, the Secretary shall disclose such information as may be necessary for the enrollment of an Indian child in the tribe in which the child may be eligible for enrollment or for determining any rights or benefits associated with that membership. Where the documents relating to such child contain an affidavit from the biological parent or parents requesting anonymity, the Secretary shall certify to the Indian child's tribe, where the information warrants, that the child's parentage and other circumstances of birth entitle the child to enrollment under the criteria established by such tribe.
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