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In re Petition of S.O.

Supreme Court of Colorado

795 P.2d 254 (Colo. 1990)

Relevant factsFree

T.O. and her husband S.O. petitioned to let S.O. adopt T.O.'s biological son, E.E.F., whose biological father, D.J.T., had continued visiting the child after T.O. and D.J.T.'s relationship ended. Before signing the adoption consent form, D.J.T. and T.O. unsuccessfully asked the court clerk whether the form could be altered to guarantee D.J.T. continued visitation, and the clerk said no; T.O. told D.J.T. future visitation would be permitted only with her and S.O.'s consent, and D.J.T. signed the unaltered consent form anyway. After the adoption was granted at a hearing D.J.T. didn't attend, D.J.T. kept visiting E.E.F. until T.O. cut off contact, and D.J.T. then petitioned to set the adoption aside, arguing his consent was conditioned on retaining visitation rights; the juvenile court denied the motion, and D.J.T. appealed.

IssueFree

Whether a biological parent who consents to the adoption of a child must do so knowingly, intelligently, and voluntarily, and in so doing, terminate all legal rights to the child, including visitation.

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