CAN YOU GIVE UP PARENTAL RIGHTS IN COLORADO?
Giving up parental rights in Colorado is possible, but only through a court process, and the court grants it only if it finds that ending the relationship serves the child's interests. A parent cannot sign rights away in a private agreement with the other parent.
Relinquishment is also not a way to stop paying child support. Support continues until a court enters a final order, and the relinquishment statutes are built around adoption, not around a parent's wish to step back.
This guide explains the three ways a parent-child legal relationship can end in Colorado, how voluntary relinquishment works under the Children's Code, what happens to child support, and the alternatives that often fit better.
TABLE OF CONTENTS
- What Giving Up Parental Rights Means
- How Voluntary Relinquishment Works
- Why You Cannot Give Up Rights to Stop Paying Child Support
- Termination in a Stepparent or Kinship Adoption
- Involuntary Termination in Dependency and Neglect Cases
- Alternatives to Giving Up Parental Rights
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
WHAT GIVING UP PARENTAL RIGHTS MEANS
Colorado law calls this ending the parent-child legal relationship. Under C.R.S. 19-5-101, no parent may relinquish that relationship except under the procedures in the Children's Code. A document signed between the parents, without a court order, does not do it.
A final order ends a parent's legal rights and obligations toward the child. It does not end the child's relationship with siblings who are part of the same case, and under Colorado law the child remains the parent's heir until a later adoption decree.
There are three main paths, and they work very differently:
| Path | Who starts it | Main statute |
|---|---|---|
| Voluntary relinquishment | The parent, with required counseling | C.R.S. 19-5-103 and 19-5-104 |
| Termination in a stepparent, kinship, or custodial adoption | The adopting party, in the adoption case | C.R.S. 19-5-203 |
| Involuntary termination | Usually the county, in a dependency and neglect case | C.R.S. 19-3-604 |
HOW VOLUNTARY RELINQUISHMENT WORKS
Counseling Comes First
Under C.R.S. 19-5-103, a parent who wants to relinquish must first receive counseling from the county department of human services where the parent lives or from a licensed child placement agency. If the counseling has not happened, the court continues the case and refers the parent to it.
The counseling must cover the permanence of the decision, alternatives to relinquishment and the resources available, the parent's medical and social history, cooperation with child support enforcement if public assistance is involved, and confidentiality. The court may also order counseling for the child.
The Petition and Where to File
The petition goes on a standardized court form with an affidavit from the counselor, a copy of the child's birth certificate or the application for one, and a disclosure of any payments or help received in connection with the pregnancy, birth, or relinquishment. It must also state whether the child is an Indian child, which brings in the Colorado Indian Child Welfare Act.
Under C.R.S. 19-5-102, the petition is filed in the county where the child lives or where the parent lives, or where a child placement agency involved in the case is located. The Judicial Branch's self-help page on relinquishing parental rights lists the forms, explains how to file alone or with the other parent, and notes that there is no filing fee. The List of Fees also lists relinquishment among the filings with no fee.
The Hearing and What the Court Must Find
The court enters an order of relinquishment only if it finds three things: the parent received the required counseling, the decision is knowing and voluntary and not the result of threats, coercion, undue influence, or inducements, and relinquishment serves the child's interests. If it is not in the child's best interests, the court dismisses the petition.
If the child is 12 or older and objects, there is a rebuttable presumption against relinquishment. The court may appoint a guardian ad litem or counsel for the child in some situations, and it may interview the child in chambers.
Who Has the Child Afterward
Under C.R.S. 19-5-104, when the rights of both parents, or of the only living parent, have ended, the court transfers guardianship and custody to the county department, a licensed child placement agency, a relative, or a person who has had the child in their home for six months or more. When only one parent relinquishes for an adoption, C.R.S. 19-5-105 sets out a separate proceeding about the other parent's rights.
How Final It Is
A relinquishment order is final and irrevocable with one narrow exception. The parent may revoke it only by proving, by clear and convincing evidence, that it was obtained by fraud or duress, and only within 91 days after the order is entered.
Expedited Relinquishment and the Safe Haven Law
For a child under one year old, C.R.S. 19-5-103.5 allows an expedited relinquishment with the help of a licensed child placement agency or county department, which may proceed without a hearing if the statute's conditions are met. The petition cannot be filed until at least four days after the birth.
Colorado's safe haven law, C.R.S. 19-3-304.5, is separate. It lets a parent leave a newborn with a firefighter at a fire station or with staff at a hospital or community clinic emergency center, and a parent who does so is not, for that reason alone, found responsible for abuse or neglect. The county then places the child with a potential adoptive parent and moves to terminate the parent's rights as soon as the law allows.
HB26-1024, signed April 27, 2026 and effective August 12, 2026, raised the age limit from 72 hours old or younger to 30 days old or younger. It also requires the Department of Human Services to adopt rules for a process through which either parent of a relinquished child can seek to reunify with the child. The 2025 online compilation of the statutes does not yet show this change.
WHY YOU CANNOT GIVE UP RIGHTS TO STOP PAYING CHILD SUPPORT
No Colorado procedure ends child support simply because a parent wants out. A parent who petitions to relinquish generally must complete counseling and obtain a court finding, usually after a hearing, that relinquishment serves the child, and the court must dismiss the petition if it is not in the child's best interests. When public assistance is involved, the counseling also covers cooperation with child support enforcement.
The statute is built around adoption. When both parents' rights end, custody goes to an agency, a county, a relative, or a caregiver. When one parent relinquishes, a process follows for the other parent's rights so the child can be adopted.
The timing of support is also clear. In In re Marriage of Gross, 2016 COA 36, the parents agreed that the father would relinquish so the mother's husband could adopt, and the father asked to end his support as of the date of that agreement. The Colorado Court of Appeals held that his support obligation continued until the final relinquishment order was entered, and it sent the case back to recalculate the arrears.
Under C.R.S. 19-5-104, a final relinquishment order ends the parent's legal obligations going forward, but the obligation to pay for services or other support the child has already received ends only on a later adoption decree or if the court orders it at the time of relinquishment. Support that came due before the final order is still owed.
A narrow 2025 change applies to survivors of sexual assault. Under C.R.S. 19-5-103(13), a parent whose child was conceived as a result of a sexual assault against that parent may petition to relinquish. With a conviction record or a court finding that the parent was a victim, the counseling requirement and the fees for a guardian ad litem or counsel for youth do not apply, and the order ends that parent's obligations, including child support, at the time of relinquishment.
If the real issue is the amount of support, the legal path is a request to modify a Colorado child support order.
TERMINATION IN A STEPPARENT OR KINSHIP ADOPTION
A parent's rights can also end inside an adoption case brought by a stepparent or a relative. Under C.R.S. 19-5-203, a child can be adopted by a stepparent when the other parent gives written, verified consent, or when that parent has died or already had rights terminated.
A stepparent adoption can also go forward without the other parent's consent. The parent married to the stepparent must consent and show, by affidavit or sworn testimony, that the other parent has abandoned the child for one year or more or has failed without cause to provide reasonable support for one year or more.
The court then gives the other parent notice, by publication if the address is unknown after a diligent search, and the hearing may not be held sooner than 35 days after service. If the court grants the adoption, it terminates the other parent's rights under C.R.S. 19-5-210. Similar one-year rules apply in kinship and custodial adoptions by relatives or legal custodians who have had the child for a year or more.
A child 12 or older must consent in writing to any adoption. Our guide to Colorado adoption laws explains the rest of that process.
INVOLUNTARY TERMINATION IN DEPENDENCY AND NEGLECT CASES
When a county department of human services files a dependency and neglect case, the court can later end a parent's rights without the parent's consent. Under C.R.S. 19-3-604, the court must find the grounds by clear and convincing evidence, and it gives primary consideration to the child's physical, mental, and emotional conditions and needs.
Every ground starts with the child having been adjudicated dependent or neglected. The most common one adds that the parent did not reasonably comply with a court-approved treatment plan or the plan did not succeed, the parent is unfit, and the parent's conduct or condition is unlikely to change within a reasonable time. Abandonment, and unfitness so serious that no appropriate treatment plan can be devised, are separate grounds.
Under C.R.S. 19-3-602, termination requires a written motion and a separate hearing, parents must be advised of their right to counsel, and there is no jury. These cases are very different from a parent choosing to step away, and a parent facing one should get counsel immediately.
ALTERNATIVES TO GIVING UP PARENTAL RIGHTS
When the real problem is conflict, distance, safety, or money, Colorado law has tools that fit far better than ending a legal relationship.
Change the Parenting Plan
Parents can agree to a parenting plan with less parenting time, or one parent can ask the court to modify parenting time or decision-making under C.R.S. 14-10-129. Our guides to parenting time in Colorado and to post-decree modifications explain how.
Restrict Contact When Safety Is the Issue
If a child is in imminent physical or emotional danger, a parent can file an emergency motion to restrict parenting time, and the court must rule within 14 days. Our article on emergency custody orders in Colorado covers that process, and our protection order lawyers can explain civil protection orders.
Guardianship or a Power of Attorney
A parent who cannot care for a child for a period of time can consent to a court-appointed guardian under C.R.S. 15-14-204. For a shorter arrangement, C.R.S. 15-14-105 lets a parent delegate powers over a child's care by power of attorney for up to twelve months, though not the power to consent to marriage or adoption.
Neither one ends the parent-child legal relationship, and neither by itself changes a child support order. Under C.R.S. 15-14-208, a guardian can even bring a proceeding to compel a person to support the child.
Address the Support Amount Directly
If income has dropped or circumstances have changed, a Colorado Springs child support lawyer can tell you whether a modification request makes sense. Under C.R.S. 14-10-122, a modification generally takes effect as of the date the motion is filed, so waiting costs money.
FREQUENTLY ASKED QUESTIONS
Can I Give Up My Parental Rights to Stop Paying Child Support in Colorado?
No. In Colorado, relinquishment requires counseling, usually a hearing, and a court finding that it serves the child, so it is not a way to end support. Support continues until a final order is entered, and support that came due before then is still owed.
Is There a Fee to File a Relinquishment Petition in Colorado?
The Colorado Judicial Branch lists no filing fee for a relinquishment petition. In most cases, counseling through a county department or a licensed agency is still required before the court will enter an order.
Can a Relinquishment Be Reversed?
Only in narrow circumstances. The parent must prove by clear and convincing evidence that it was obtained by fraud or duress, and must do so within 91 days after the order is entered.
Can a Stepparent Adopt Without the Other Parent's Consent?
Yes, in some cases. If the other parent has abandoned the child or failed without cause to provide reasonable support for one year or more, the court can grant the adoption after notice and a hearing and terminate that parent's rights.
Does Guardianship Lower Child Support?
Not by itself. In Colorado, a guardianship does not end the parent-child legal relationship or change an existing support order, and a guardian can bring a proceeding to compel a person who owes support to pay it.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
A decision about parental rights is permanent, so it is worth understanding every option first. A conversation with a family law attorney can sort out which tool fits your family, whether that is an adoption, a new parenting plan, a guardianship, or a support modification.
Moran, Allen & Associates Family Law Attorneys can talk through your situation. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws, court fees, and procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 19-5-101, Termination of the Parent-Child Legal Relationship
- C.R.S. 19-5-102, Venue for Relinquishment
- C.R.S. 19-5-103, Relinquishment Procedure
- C.R.S. 19-5-103.5, Expedited Relinquishment for Children Under One Year
- C.R.S. 19-5-104, Final Order of Relinquishment
- C.R.S. 19-5-105, Proceeding to Terminate the Other Parent's Relationship
- C.R.S. 19-5-203, Availability for Adoption
- C.R.S. 19-5-210, Hearing on Adoption Petition
- C.R.S. 19-3-304.5, Safe Haven (Emergency Possession of Abandoned Children)
- C.R.S. 19-3-602, Motion for Termination in Dependency Cases
- C.R.S. 19-3-604, Criteria for Termination
- C.R.S. 14-10-122, Modification of Support
- C.R.S. 14-10-129, Modification of Parenting Time
- C.R.S. 15-14-105, Delegation of Power by Parent
- C.R.S. 15-14-204, Judicial Appointment of Guardian of a Minor
- C.R.S. 15-14-208, Powers of Guardian
- HB26-1024, Raising Age of Voluntary Relinquishment of Child (2026, Session Laws Chapter 74)
- Colorado Judicial Branch, Relinquishing Parental Rights
- Colorado Judicial Branch, List of Fees
- In re Marriage of Gross, 2016 COA 36, 371 P.3d 744 (Colorado Court of Appeals)