5 Colo. Code Regs. § 1006-1-12

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1006-1-12 - SEARCH PROCEDURES TO LOCATE A BIRTH PARENT (Section 25-2-113.5, C.R.S.)

SECTION 12.1Definitions

A. "Match" means the State Registrar's confirmation that information contained in vital statistics records of birth for an adoptee match information contained in a vital statistics record of another Qualified Individual(s).

B. "Notification" means the State Registrar's notification, in the manner consistent with the desired method of notification identified by the Qualified Individual, to the Qualified Individual of a Match between the information in a vital statistics record for the Qualified Individual and the vital statistics record of another Qualified Individual.

C. "Qualified Individual" means a birth parent, so long as the birth parent's name appears on the original birth record, adoptee, sibling, family member, or former foster child as defined at section 25-2-113.5, C.R.S.

D. "Search" means the regular review of confidential lists compiled by the State Registrar pursuant to section 25-2-113.5 C.R.S.

SECTION 12.2Confidentiality

To maintain confidentiality, for any Search conducted by the State Registrar, the State Registrar shall not divulge the reason for the Search to any person except those Qualified Individuals who have consented to the release of Identifying Information about themselves pursuant to section 25-2-113.5(3) -(5.5), C.R.S.

SECTION 12.3Records Included in Search

The State Registrar shall regularly conduct Searches of Identifying Information for Qualified Individuals seeking a Match. The Search shall include vital statistics records, and:

A. If a birth parent is presumed dead, death records in those state(s) where the death may have occurred.

B. Birth records in Colorado if a birth parent was born in this state and birth records in other states where possible.

SECTION 12.4Release of Identifying Information

The State Registrar shall conduct a Search for up to 60 days to find a Match.

Within 30 days of the identification of a Match between a Qualified Individual and a Qualified Adult Adoptee, the State Registrar shall commence efforts to locate and notify the Qualified Individual.

If the Qualified Individual has not been located or has not responded to the State Registrar's notice within 30 days of the initial Match, the State Registrar shall release the current Identifying Information for the Qualified Individual to the Qualified Adult Adoptee and the Qualified Individual.

If the Qualified Individual responds but does not consent to the release of current Identifying Information, the State Registrar shall not release the Qualified Individual's current Identifying Information to the Qualified Adult Adoptee and the Qualified Individual.

SECTION 12.5Fees

The Qualified Individual seeking a Match shall pay the State Registrar the notification fees set forth in C.R.S. § 25-2-113.5(3) -(5.5) at the time of application as set forth in the fee schedule.

5 CCR 1006-1-12

38 CR 15, August 10, 2015, effective 9/14/2015

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 20, October 25, 2019, effective 1/1/2020

44 CR 23, December 10, 2021, effective 1/14/2022

47 CR 18, September 25, 2024, effective 10/15/2024