In Re the Adoption of T.K.J.

Judge RULAND

specially concurring.

I concur in the result reached by the majority, but I write separately to express my concern relative to petitioners’ equal protection .challenge to the adoption statutes.

In my view, we should not address the equal protection claim on the merits because that contention has not been properly presented. See § 13-51-110, C.R.S. (1987 Repl. Vol. 6A); see also Armstrong v. Carman Distributing Co., 108 Colo. 223, 115 P.2d 386 (1941). Specifically, the trial court dismissed the petitions on its own motion and prior to any hearing. Hence, neither the petitioners nor…