Colorado § 19-5-101 - Termination of the parent-child legal relationship.

§ 19-5-101. Termination of the parent-child legal relationship.

(1) The juvenile court may, upon petition, terminate the parent-child legal relationship between a parent or parents, or a possible parent or parents, and a child in proceedings pursuant to:

(a) Section 19-1-104 (1)(d);

(a.5) Section 19-5-103.5 (2)(d);

(b) Section 19-5-105;

(c) Section 19-5-203 (1)(d), (1)(e), (1)(f), (1)(j), and (1)(k);

(d) Section 19-5-105.5; or

(e) Section 19-5-105.7.

(2) No parent shall relinquish the parent-child legal relationship with a child other than in accordance with the provisions of this article.

(3) A termination by a court of a parent-child legal relationship pursuant to proceedings under this section or any section described by subsection (1) of this section shall not be deemed to terminate a sibling relationship between sibling children who are parties to the termination of the parent-child legal relationship.

Source: L. 87: Entire title R&RE, p. 801, § 1, effective October 1. L. 99: (1) amended, p. 1065, § 9, effective June 1. L. 2007: (1) amended, p. 113, § 1, effective July 1. L. 2008: (3) added, p. 2, § 2, effective August 5. L. 2013: (1)(b) and (1)(c) amended and (1)(d) added, (SB 13-227), ch. 353, p. 2057, § 2, effective July 1. L. 2025: (1) amended, (HB 25-1185), ch. 158, p. 634, § 1, effective August 6.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-4-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

ANNOTATION

Law reviews. For article, "The 1951 Amendments to the Relinquishment and Adoption Laws", see 28 Dicta 227 (1951). For article, "A Lawyer's Advice to the Unmarried Mother", see 31 Dicta 112 (1954). For article, "One Year Review of Domestic Relations", see 34 Dicta 108 (1957). For article, "The Adoption of Children in Colorado", see 37 Dicta 100 (1960). For article, "Adoption Procedures of Minor Children in Colorado", see 12 Colo. Law. 1057 (1983).

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Nothing prohibits court from appointing a guardian ad litem (GAL) should parent fail to appear in court. In re R.L.S., 2019 COA 112, 451 P.3d 1249.

Father did not waive his request for a GAL. Because he was in custody out of state, unrepresented, and indigent, he could not appear in court. In re R.L.S., 2019 COA 112, 451 P.3d 1249.

Paternal rights (now parent-child legal relationships) may be forfeited by abandonment of the child. Fulton v. Martensen, 129 Colo. 125, 267 P.2d 658 (1954).

Statutory relinquishment cannot be waived because it is a part of the court process in such matters. It is necessary in order that the parent be under the jurisdiction of the court where the other statutory provision of counseling and guidance can be given. Fackerell v. District Court, 133 Colo. 370, 295 P.2d 682 (1956).

An attempt to relinquish a minor child to an individual is without any force or effect. Consent alone adds nothing in the way of giving jurisdiction to the court. Fackerell v. District Court, 133 Colo. 370, 295 P.2d 682 (1956).

In a dependency and neglect case under article 3, a parent's parental rights may be terminated only through the Parent-Child Legal Relationship Termination Act of 1987, §§ 19-3-601 to 19-3-612. People in Interest of E.M., 2016 COA 38M, 417 P.3d 843, aff'd sub nom. People in Interest of L.M., 2018 CO 34, 416 P.3d 875.