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T.K.J. and K.A.K.6/13/1996
Petitioners, G.K. and L.J., appeal the judgment which dismissed their petitions seeking the adoption of two children, T.K.J. and K.A.K., for lack of jurisdiction. We affirm.
Petitioners live together as same-sex domestic companions. Each is the natural mother of one of the two children who are the subject of the petition. Each petitioner sought a "co-parent" adoption decree that would, in effect, grant her the rights and duties associated with a "stepparent adoption" for the other petitioner's child, while retaining her parental rights over her natural child.
Before seeking the adoptions, petitioners took steps to preserve an ongoing relationship with each other's child. Each has designated the other as the guardian or conservator for her child. Likewise, each has conferred on the other durable medical and financial powers of attorney and has executed durable powers of attorney for her child, designating the other as agent for purposes of exercising parental decisions. Additionally, petitioners prepared mutual wills and testamentary trusts listing each other as primary beneficiaries and the children as alternate beneficiaries. Thus, regardless of any additional benefits that would have accrued had the adoption petitions been granted, petitioners readily acknowledge that: "This family will remain intact even if the adoptions are not granted."
The district court determined that the children were not "available for adoption" within the meaning of § 19-5-203, C.R.S. (1995 Cum. Supp.) because the petitioners were not married to each other and because each petitioner sought to retain parental rights over her natural child while consenting to the other petitioner's adoption of her child. Accordingly, it concluded that it was without jurisdiction to rule on the petitions, and entered a judgment of dismissal.
I.
Petitioners first contend that the district court erred in determining that, because they were not married and each declined to relinquish her parent-child relationship with her natural child, the children were not available for adoption. We find no error.
Adoption is a creature of statute and is governed by the provisions set out in § 19-5-201, et seq., C.R.S. (1995 Cum. Supp.). In re Petition of S.O., 795 P.2d 254 (Colo. 1990). Thus, if a proposed adoption fails to conform to statutory requirements, the effort to adopt must fail, and a trial court has no power to enter a decree of adoption. Lien v. Gertz, 158 Colo. 416, 407 P.2d 328 (1965); Johnson v. Black, 137 Colo. 119, 322 P.2d 99 (1958).
Section 19-5-201 provides that a child may be adopted if he or she is under the age of 18 and is present in the state at the time the petition for adoption is filed. However, the child must be "available for adoption" as defined by § 19-5-203.
As pertinent here, § 19-5-203 provides:
(1) A child may be available for adoption only upon:
(a) Order of the court terminating the parent-child legal relationship in a proceeding brought under article 3 or 5 of this title;
(b) Order of the court decreeing the voluntary relinquishment of the parent-child legal relationship under section 19-5-103 or 19-5-105;
(d) (I) Written and verified consent of the parent in a stepparent adoption where the other parent is deceased or his parent-child legal relationship has been terminated under paragraph (a) or (b) of this subsection (1);
(II)
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