Opinion by
PAL. vоn R. appeals from the judgment of the trial court dismissing the petition to adopt his adult sister, KM.F. We reverse and remand for entry of an adoption decree.
Petitioner filed his petition pursuant to § 14-1-101, C.R.S.1999, together with a con
The court found that petitioner, age 60, was seeking the adoption to allow his sister, a Germаn citizen, age 55, to change her name to the original family name. Petitioner stated thаt his sister had been unable to effect the name change by any court proceeding in Germany, but that an adoption decree would be recognized.
The court also found that there was nothing in the statute that expressly prevented an adult from adopting anоther adult of any age. However, the court indicated that it would exercise its discretiоn and decline to decree the adoption because it appeared to the court to violate public policy. The tran-seript shows that the court was сoncerned with the lack of age differential between petitioner and his sister and with the fact that they were siblings.
Petitioner contends that § 14-1-101 contains no exception based upon age differential or blood relationship. Therefore, he argues that the triаl court erred in denying the petition for adoption. We agree.
Section 14-1-101, the adult аdoption statute, provides in pertinent part:
(1) Any person desiring to adopt an adult аs heir at law shall file his petition in the juvenile court of the county and thereupon summons shаll issue ... and be served on the person sought to be adopted. Said person shall file in the court a written answer to the petition ... and shall either consent to such adoption or deny or disclaim all desire to be adopted by such person.
(2) Upon the filing, by the person sought to be adopted, of a disclaimer of all desire to become the hеir at law of the petitioner, the petition shall be dismissed by the court, but upon the filing of a сonsent to such adoption, ... the prayer of the petition shall be gramted, and a decree of adoption shall be rendered and entered by the court declaring such person the heir at law of the petitioner and entitled to inherit from the petitioner any property in all respects as if such adopted person had been the рetitioner's child born in lawful wedlock, and such decree may or may not change the name of such adopted person, as the court rendering the decree may deem advisable; ...
(emphasis added).
The statute authorizes the adoption of adults for the purpose of giving the adoptee the status of an heir at law. In re Trust Created by Belgard,
An adult adoption hаs been described as "merely a means of giving effect to a personal transaction mutually agreeable between two adults." Herrera v. Glau,
If we can give effect to the ordinary words used by the General Assembly, we must apply the statute as written. Use of the word "shall" implies a mandatory meaning. In re Adoption of T.K.J.,
The plain language of § 14-1-101 requires the trial court to grant an adult adoption when there is valid service and the adoptee consents to such adoption. Both requirements were met here. There is no additional requirement that there be a minimum age differential between the adoptor and the аdoptee. See In re Adoption of Elizabeth P.S.,
Finally, we are not аware of any public policy in Colorado that would be violated by permitting a pеrson to adopt his or her own adult sibling.
The judgment is therefore reversed, and the cause is remanded for entry of a decree of adoption.