Who may adopt.

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(1) Any person twenty-one years of age or older, including a foster parent, may petition the court to decree an adoption.

  1. A minor, upon approval of the court, may petition the court to decree an adoption.

  2. A person having a living spouse from whom he is not legally separated shall petitionjointly with such spouse, unless such spouse is the natural parent of the child to be adopted or has previously adopted the child.

  3. A person having a living partner in a civil union from whom the person is not legallyseparated shall petition jointly with the partner, unless the partner is the natural parent of the child to be adopted or has previously adopted the child.

  4. A person who is a partner in a civil union may adopt a child of the other partnerthrough the same process outlined in section 19-5-203 for a stepparent adoption and shall be considered a stepparent for the purpose of determining whether a child is available for adoption pursuant to section 19-5-203 (1).

Source: L. 87: Entire title R&RE, p. 805, § 1, effective October 1. L. 88: (1) amended, p. 758, § 4, effective May 31. L. 2013: (4) and (5) added, (SB 13-011), ch. 49, p. 167, § 24, effective May 1.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987.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 19-4-106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.


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