Colorado § 14-1-101 - Adoption of adults.

§ 14-1-101. Adoption of adults.

(1) Any person desiring to adopt an adult as heir at law shall file his petition therefor in the juvenile court of the county of his residence or the county of the residence of the person sought to be adopted, and thereupon summons shall issue the same as provided in the Colorado rules of civil procedure and be served on the person sought to be adopted. Such person shall file in the court a written answer to the petition within the time required by the summons and shall either consent to such adoption or deny or disclaim all desire to be adopted by such person.

(2) Upon the filing, by the person sought to be adopted, of a disclaimer of all desire to become the heir at law of the petitioner, the petition shall be dismissed by the court, but upon the filing of a consent to such adoption, whether by the person sought to be adopted or by a legally qualified conservator or other representative if such person is non compos mentis at the time, the prayer of the petition shall be granted, and a decree of adoption shall be rendered and entered by the court declaring such person the heir at law of the petitioner and entitled to inherit from the petitioner any property in all respects as if such adopted person had been the petitioner's child born in lawful wedlock, and such decree may or may not change the name of such adopted person, as the court rendering the decree may deem advisable; and such decree or a certified copy thereof may be used as primary evidence in any court establishing the status of the person so adopted.

(3) Any action for adoption pursuant to this section shall follow the same procedure insofar as practicable as provided in part 2 of article 5 of title 19, C.R.S., concerning the adoption of children.

Source: L. 67: p. 1055, § 1. C.R.S. 1963: § 4-2-1. L. 87: (3) amended, p. 815, § 14, effective October 1.

ANNOTATION

Law reviews. For note, "The Right of Inheritance of Adopted Children in Colorado", see 23 Rocky Mt. L. Rev. 191 (1950). For note, "Adoption and Intestacy in Colorado", see 26 Rocky Mt. L. Rev. 65 (1953). For article, "The Adoption of Children in Colorado", see 37 Dicta 100 (1960).

Annotator's note. Since § 14-1-101 is similar to repealed § 4-1-13, CRS 53, a relevant case construing that provision has been included in the annotations to this section.

The primary purpose of this section is expressed in the first sentence: "Any person desiring to adopt a person over 21 years of age as heir-at-law ....". Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

The name of the person adopted under this section need not be changed. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

No obligation whatsoever is placed upon the person adopted with respect to the adoptive parent, and he is granted no rights whatever, other than the acquisition of an heir-at-law, who may or may not even bear his name. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

This section is merely a means of giving effect to a personal transaction mutually agreeable between two adults. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

No rights of the natural parents of the person adopted are taken from them, or even mentioned, where the purpose of the adoption is to acquire an adult "heir-at-law". Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

Certainly the rights of the natural parents of such person so adopted may not be lost in a proceeding of which they receive no notice, and there is no requirement of service of notice upon them. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

The effect of an adult adoption and a child adoption are different. A person adopts an adult to make such person his or her intestate heir. Matter of Trust created by Belgard, 829 P.2d 457 (Colo. App. 1991).

This section requires the trial court to grant an adult adoption when there is valid service and the adoptee consents to such adoption. There is no additional requirement that there be a minimum age differential between the adoptor and the adoptee nor is adoption precluded based upon the prior relationship of the parties. In re P.A.L. von R., 5 P.3d 390 (Colo. App. 2000).

It does not violate public policy of state to permit a person to adopt his or her own adult sibling. In re P.A.L. von R., 5 P.3d 390 (Colo. App. 2000).

Where one over the age of 21 years is adopted as an heir-at-law by another person, such adoptive parent is without legal status to maintain action under the wrongful death statute for the death of such adopted person. Martin v. Cuellar, 131 Colo. 117, 279 P.2d 843 (1955).

Considering the circumstances at the time the trust was executed and the settlor's reasonable expectations, the phrase "persons legally adopted" was held to include adopted children only, not adults. The court held that the respondent was using the adult adoption statute to entitle his wife to a remainder of the trust estate, contrary to the settlor's intent as set forth in the instrument. Matter of Trust created by Belgard, 829 P.2d 457 (Colo. App. 1991).

The general assembly's desire to place adopted and natural children on par with one another does not extend to permit adult adoptions for the purpose of giving them an interest in property already specifically designated. Such an adoption decree did not have the power to affect the disposition of such interests, it only granted the right to inherit through intestacy. Matter of Trust created by Belgard, 829 P.2d 457 (Colo. App. 1991).

Adult adoption proceedings in juvenile court are confidential. In re W.D.A. v. City & County of Denver, 632 P.2d 582 (Colo. 1981).

Section 19-4-104 (1) (now § 19-5-215), relating to confidentiality of records, applies to adult adoption proceedings under this section. In re W.D.A. v. City & County of Denver, 632 P.2d 582 (Colo. 1981).

MARRIAGE AND RIGHTS OF MARRIED PERSONS

ARTICLE 2

Marriage and Rights of Married Persons

PART 1

UNIFORM MARRIAGE ACT

14-2-101. Short title.

14-2-102. Purposes - rules of construction.

14-2-103. Uniformity of application and construction.

14-2-104. Formalities.

14-2-105. Marriage license and marriage certificate.

14-2-106. License to marry.

14-2-106.5. License to marry without appearing in person.

14-2-107. When licenses to marry issued - validity.

14-2-108. Judicial approval.

14-2-109. Solemnization and registration of marriages - proxy marriage.

14-2-109.3. Rights of underage married persons.

14-2-109.5. Common law marriage - age restrictions.

14-2-110. Prohibited marriages.

14-2-111. Putative spouse.

14-2-112. Application.

14-2-113. Violation - penalty.

PART 2

RIGHTS OF MARRIED PERSONS

14-2-201. Property ownership.

14-2-202. Married person may sue and be sued.

14-2-203. Rights in separate business.

14-2-204. Not to affect marriage settlements.

14-2-205. Married person's land subject to judgment.

14-2-206. Spouse cannot convey other spouse's lands.

14-2-207. Spouse may convey lands as if unmarried.

14-2-208. Married person may contract.

14-2-209. Loss of consortium.

14-2-210. Domicile.

PART 3

UNIFORM PREMARITAL AND MARITAL AGREEMENTS ACT

14-2-301. Short title.

14-2-302. Definitions.

14-2-303. Scope.

14-2-303.5. Applicability of part and case law to agreements relating to civil unions.

14-2-304. Governing law.

14-2-305. Principles of law and equity.

14-2-306. Formation requirements.

14-2-307. When agreement effective.

14-2-308. Void marriage.

14-2-309. Enforcement.

14-2-310. Unenforceable terms.

14-2-311. Limitation of action.

14-2-312. Uniformity of application and construction.

14-2-313. Relation to electronic signatures in global and national commerce act.

PART 1

UNIFORM MARRIAGE ACT

Editor's note: (1) This part 1 was numbered as article 1 of chapter 90, C.R.S. 1963. The provisions of this part 1 were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2) In In re Hogsett, 2021 CO 1, 478 P.3d 713, the Colorado supreme court held that a common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.

Annotator's note: For the test for proving a common law marriage, see In re Hogsett, 2021 CO 1, 478 P.3d 713.