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The following annotations include cases decided under former provisions similar to this section. The purpose of this section is to prevent the relinquishment of a child by parents who do not realize the seriousness and finality of their acts.
It does not provide that the department of welfare or the court should argue with the parents concerning the reasons for their relinquishment or seek to thwart the exercise of their free and voluntary will. Child is ward of state during proceedings.
The initiation of any proceedings in a court in which the rights, status, and welfare of an infant may be affected immediately establishes the infant's relation to the court as that of its ward.
Power of court to grant petition is discretionary. This section, which confers upon the court jurisdiction of relinquishment procedures, vests in the trial court the discretionary power to grant or deny the petition for relinquishment. People in re K. Relinquishment does not require known identity of adoptive parents.
In relinquishing children the parents do not have the slightest idea as to who, if anyone, shall become the adoptive parents. Evidence established consent was knowing and voluntary. Evidence that natural parents of child were fully advised of the seriousness and finality of relinquishing their child for adoption, and willingly and voluntarily sought to divest themselves of all legal rights and obligations with respect to such child, was sufficient to comply with the provisions of this section.
Denial of petition did not abuse discretion. Trial court does not abuse discretion in denying petition for relinquishment of child on basis of finding, supported by the record, that a mother is not in any position to make such an important decision.
Grounds for reversal of order for relinquishment. Once the order for relinquishment has been granted, it cannot be reversed except where the court lacks jurisdiction, or when consent of the parents is obtained through fraud, overreaching pressure, or duress.
Where the child has not been adopted prior to an attack on a relinquishment decree and mistake and misunderstanding invalidated the parents' consent to the relinquishment, a court may reverse the final order of relinquishment.
People In re J. Void decree subject to collateral attack.
Where statutory requirements are not met, the court cannot enter a valid adoption decree, and the decree is thereby absolutely void on its face and may be the subject of a collateral attack, and the lack of these jurisdictional matters made the decree subject to an attack at any stage of the proceedings or after entry of judgment.
The lack of jurisdiction is usually shown by the judgment roll, and in adoption cases the record constitutes the judgment roll. District Court, Colo.CHAPTER 63 ADOPTION Short title.
Legislative intent. Definitions. Proceedings applicable to cases resulting from a termination of parental rights under chapter How to write and adoption reference letter. How to write and adoption reference letter. Adoption Reference Letters - How To.
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Child Adoption Laws Colorado. This site will help you find not only child adoption laws in your state or around the world, but is also designed to be a resource for birthparents and adopting families on .
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