Relinquishing Parental Rights

Criteria for Relinquishing Parental Rights

Before asking the court if you can relinquish (give up) your parental rights to a child, you and your child must go to counseling (depending on the age of the child, the court may determine that counseling for the child is not appropriate).

You will also need to get a copy of the child's original birth certificate or a copy of the birth certificate application.

The court may require the following additional documents:

1. Relinquishment Counseling Report
2. A statement from you about any payments, gifts, assistance, etc. that you may have received related to giving up the child, the pregnancy, or the birth
3. Adoptive Family Assessment
4. Social/medical histories

How to Start a Case

You must file your paperwork in the county where the child lives, or in the county where you live. If a child placement agency is involved, you may file your paperwork in the county where the child placement agency is located.

File your paperwork in district court unless you are in Denver County. If you are filing your paperwork in Denver County, go to the Denver Juvenile Court.

Use the courts locator to find the correct court location.

You and the other parent can file your case together, or you can file the case on your own. You decide if you want to file together or file on your own. The court cannot make this decision for you.

How to File Together with the Other Parent

If you decide to file the case together with the other parent, you will be known as the Petitioner, and the other parent will be known as the Co-Petitioner.

Forms and Paperwork Required

Download and fill out the Relinquishing Parental Rights forms using the forms link above. For additional details on completing these forms, consult JDF 489 Relinquishment Instructions - Non-Expedited.

Paperwork Tips

Both you and the other parent will need to complete JDF 452 Petition for Relinquishment (Expedited and Non-Expedited) and complete the signature section on the last page. You do not need to sign the document at the same time. You can sign the document, then give the form to the other parent and have him/her sign at a later time. Check the Relinquishment box in the top part of the form.

Both you and the other parent will need to go to counseling to discuss giving up the child. Each parent will give their own JDF 453 Affidavit of Relinquishment Counseling form to the counselor to fill out to prove that you both went to counseling. The counselor will sign both forms and return them to you.

You and the other parent will need to complete a separate interrogatory form (questions that you must answer truthfully). The Father will complete JDF 512 Relinquishment Interrogatory - Father, and the Mother will complete JDF 513 Relinquishment Interrogatory - Mother. The Verification section at the end needs to be complete on each form. These forms need to be signed in front of a notary public or court clerk. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

The court will set a date for a hearing. Make sure you and the other parent go to the hearing.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case. Either you or the other parent can drop off the forms at the court, and it is not necessary that you go together.
   • Remember: Give a copy of the child's original birth certificate or a copy of the birth certificate application to the clerk along with your completed forms.
2. There is no filing fee.
3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

How to File on Your Own

If you decide to file the case on your own, you will be known as the Petitioner, and the other parent will be known as the Respondent.

Forms and Paperwork Required

Download and fill out the Relinquishing Parental Rights forms using the forms link above. For additional details on completing these forms, consult JDF 489 Relinquishment Instructions - Non-Expedited.

Paperwork Tips

Complete JDF 452 Petition for Relinquishment (Expedited and Non-Expedited) and complete the Verification section at the end. Check the Relinquishment box in the top part of the form.

Go to counseling to discuss giving up the child. Give JDF 453 Affidavit of Relinquishment Counseling to your counselor to fill out to prove that you went to counseling. The counselor will sign the form and return it to you.

Complete an interrogatory form (questions that you must answer truthfully). Use JDF 512 Relinquishment Interrogatory - Father if you are the Father, or JDF 513 Relinquishment Interrogatory - Mother if you are the Mother. These forms need to be signed in front of a notary public or court clerk. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

The court will set a date for a hearing. Make sure you go to the hearing.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.
   • Remember: Give a copy of the child's original birth certificate or a copy of the birth certificate application to the clerk along with your completed forms.
2. There is no filing fee.
3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

Arrange to Serve the Other Parent with the Paperwork

After you file your forms with the court, you must arrange to have them delivered to the other parent. The process of arranging to have these forms delivered to the other parent is known as personal service.

Self-Help Service of Process will help you understand how to arrange to personally serve the other parent and how to return proof of service to the court.