45.0403 Final order of relinquishment.

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(a) If the Court terminates parental rights of both parents or of the only living parent, the Court, after taking into account the racial, cultural, and religious background of the child, shall order guardianship of the person and legal custody transferred to:

(1) the Department of Health;

(2) a child placement agency;

(3) a relative of the child; or

(4) an individual of good moral character.

(b) The Court considers, but shall not be bound by, a request that guardianship be placed in a grandparent, aunt, uncle, brother, or sister of the child.

(c) The order of relinquishment sets forth all pertinent facts brought at the hearing and, in addition, it states that the Court is satisfied that the counsel and guidance provided for in subsection (d) of 45.0402 has been offered the relinquishing parent or parents.

(d) A final order of relinquishment divests the relinquishing parent or parents of all legal rights and obligations they may have with respect to the child relinquished. The order releases the relinquished child from all legal obligations with respect to the relinquishing parent or parents.

(e) The fact that the relinquishing parent or parents are minors in no way affects the validity of the final order of relinquishment.

(c) A person having a living spouse from whom he is not legally separated shall petition jointly with that spouse, unless that spouse is the natural parent of the child to be adopted or has previously adopted the child.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-4-106, 17 ASC 652.