Colo. Rev. Stat. » Title 19

Colo. Rev. Stat. § 19-4-106

Assisted reproductive procedures

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(1) If, with the consent of another intended parent, an intended parent consents to become pregnant through an assisted reproductive procedure, the intended parent who does not give birth is treated in law as the natural parent of the child conceived. The consent of both the intended parent who will give birth and the other intended parent must be in writing and signed by each such party, except as provided in subsection (5) of this section. This subsection (1) does not apply to a child conceived pursuant to a surrogacy agreement pursuant to article 4.5 of this title 19. (2) A donor is not a parent of a child conceived by means of an assisted reproductive procedure. (3) and (4) (Deleted by amendment, L. 2022.) (5) Failure of the intended parent to sign a consent required by subsection (1) of this section before or after the birth of the child does not preclude a finding that the intended parent is the parent if the court finds by clear and convincing evidence that, prior to the conception of the child, the parent who gave birth and the intended parent had an oral agreement that both would be parents of the child and that the child was conceived through an assisted reproductive procedure. (6) (Deleted by amendment, L. 2022.) (6.5) Notwithstanding any other provision of law to the contrary, genetic tests may not be ordered and are not admissible to establish a donor as a parent, to challenge the recognition of an intended parent who consented to the assisted reproductive procedure as a parent, or to challenge a voluntary acknowledgment of parentage that complies with section 19-4-105 where the child was conceived through an assisted reproductive procedure, except to resolve a dispute regarding whether the child was conceived through an assisted reproductive procedure. (7) (a) If a marriage or civil union is dissolved before placement of eggs, sperm, or embryos, the former spouse or civil union partner is not a parent of the resulting child unless the former spouse or civil union partner consented in a record that if the assisted reproductive procedure were to occur after a dissolution of marriage or civil union, the former spouse or civil union partner would be a parent of the child. (b) The consent of a former spouse or civil union partner to assisted reproduction may be withdrawn by that individual in a record given to the parent who agreed to give birth to a child conceived by an assisted reproductive procedure at any time before placement of eggs, sperm, or embryos. (8) If a spouse or civil union partner dies before placement of eggs, sperm, or embryos, the deceased spouse or civil union partner is not a parent of the resulting child unless the deceased spouse or civil union partner consented in a record that if assisted reproduction were to occur after death, the deceased spouse or civil union partner would be a parent of the child. (9) This section does not apply to the birth of a child conceived by means of sexual intercourse. (10) For purposes of this section, "donor" is defined in section 19-1-103.

Source: L. 87: Entire title R&RE, p. 794, § 1, effective October 1. L. 94: (1) amended, p. 2737, § 366, effective July 1. L. 2003: Entire section amended, p. 1269, § 60, effective July 1. L. 2008: (1) amended, p. 128, § 9, effective January 1, 2009. L. 2021: (10) amended, (SB 21- 059), ch. 136, p. 734, § 82, effective October 1. L. 2022: Entire section amended, (HB 22-1153), ch. 210, p. 1392, § 5, effective August 10. L. 2024: (2) amended, (HB 24-1450), ch. 490, p. 3412, § 29, effective August 7.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-6- 106 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

19-4-107. Determination of father and child relationship - who may bring action - when action may be brought. (1) A child, his or her natural mother, or a man presumed to be his or her father pursuant to section 19-4-105 (1)(a), (1)(b), or (1)(c) or the state, the state department of human services, or a county department of human or social services, pursuant to article 13 or 13.5 of title 26 or article 5 of title 14 may bring an action: (a) At any time for the purpose of declaring the existence of the father and child relationship presumed under section 19-4-105 (1)(a), (1)(b), or (1)(c); or (b) For the purpose of declaring the nonexistence of the father and child relationship presumed under section 19-4-105 (1)(a), (1)(b), or (1)(c) only if the action is brought within a reasonable time after obtaining knowledge of relevant facts but in no event later than five years after the child's birth. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party. (2) Any interested party, including the state, the state department of human services, or a county department of human or social services, pursuant to article 13 or 13.5 of title 26 or article 5 of title 14 may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed pursuant to section 19-4-105 (1)(d), (1)(e), or (1)(f). (3) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father pursuant to section 19-4-105 may be brought by the state, the state department of human services, a county department of human or social services, the child, the mother or personal representative of the child, the personal representative or a parent of the mother if the mother has died, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor. (4) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with section 19-4-114 (2), between an alleged or presumed father and the mother or child does not bar an action under this section.

Source: L. 87: Entire title R&RE, p. 794, § 1, effective October 1. L. 89: IP(1) and (2) amended, p. 1247, § 4, effective April 1. L. 94: IP(1), (2), and (3) amended, p. 2687, § 209, effective July 1. L. 2018: IP(1), (2), and (3) amended, (SB 18-092), ch. 38, p. 424, § 64, effective August 8.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-107 as said section existed in 1986, the year prior to the repeal and reenactment of this title. Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

Notes of Decisions
Cited in 14 cases, 1989–2019 · leading case: In the Interest of R.C.
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In the Interest of R.C. (1989) colo · cites it 157× “She claimed that evidence surrounding the parties' agreement at the time he donated the semen was legally irrelevant because section 19-4-106 did not provide for consideration of such evidence.”
In re Marriage of Rooks (2018) colo · cites it 22× “Section 19-4-106(1), C.R.S. (2018), which addresses assisted reproduction by married couples using sperm or eggs donated by a third party, states that when a married couple "consents" to such assisted reproduction, the spouse who does not contribute eggs or sperm is nevertheless…”
In re K.M.H. (2007) kan · cites it 3× “Code § 7613 (a) (West 2004) (same); Colo. Rev. Stat. § 19-4-106 (1) (West 2005) (same); Ill.”
In Re the Adoption of T.K.J. (1996) coloctapp · cites it 4× “See § 19-4-106(2), C.R.S. (1995 Cum.Supp.). Thus, there were no factual questions such as parental abandonment or failure to support that would have necessitated a hearing.”
Straub v. B.M.T. Ex Rel. Todd (1994) ind · cites it 2× “§ 26-17-21 (1992); Colo. Rev. Stat. Ann. § 19-4-106 (Supp. 1994); Wyo.”
In re the Marriage of Rooks (2016) coloctapp · cites it 5× “According to the court, North Carolina does not have statutory provisions, such as Colorado’s sections 19-4-106(7) and 19 15-11-120(10), that would relieve husband of financial responsibility for a future child born using the embryos without his consent.”
Vernoff Ex Rel. Vernoff v. Astrue (2009) ca9 “Code § 26-17-707; Colo.Rev.Stat. § 19-4-106(8); Del.Code Ann.”
Schafer v. Astrue (2011) ca4 · cites it 2× “§ 20-158(B) (generally requiring consent in writing to be the parent of any child resulting from implantation after one's death); Colo.Rev.Stat. § 19-4-106(8) (same); Utah Code Ann.”
In re Marriage of Olsen (2019) coloctapp · cites it 2× “15 section 19-4-106(7) “logically refers to the former spouse’s consent to legal parenthood” of a child born as a result of IVF).”
N.A.H. v. S.L.S. (2000) colo “" See § 19-4-106(1), 6 C.R.S. (1999). Nowhere else does the concept of a "legal," as distinguished from "natural or adoptive," father or parent appear in the Act.”
Nah v. Sls (2000) colo “" See § 19-4-106(1), 6 C.R.S. (1999). Nowhere else does the concept of a "legal," as distinguished from "natural or adoptive," father or parent appear in the Act.”
Rousseau v. Coates (2019) vtd “40 (2); Colo. Rev. Stat. § 19-4-106 (2). The Parentage Act’s bar against genetic testing to determine the identity of a donor 6 is consistent with that policy interest in preserving donor anonymity.”
Show all 14 citing cases →
— Colo. Rev. Stat. § 19-4-106(1) — 5 cases
In the Interest of R.C. (1989) colo “She claimed that evidence surrounding the parties' agreement at the time he donated the semen was legally irrelevant because section 19-4-106 did not provide for consideration of such evidence.”
In re Marriage of Rooks (2018) colo “Section 19-4-106(1), C.R.S. (2018), which addresses assisted reproduction by married couples using sperm or eggs donated by a third party, states that when a married couple "consents" to such assisted reproduction, the spouse who does not contribute eggs or sperm is nevertheless…”
N.A.H. v. S.L.S. (2000) colo “" See § 19-4-106(1), 6 C.R.S. (1999). Nowhere else does the concept of a "legal," as distinguished from "natural or adoptive," father or parent appear in the Act.”
Nah v. Sls (2000) colo “" See § 19-4-106(1), 6 C.R.S. (1999). Nowhere else does the concept of a "legal," as distinguished from "natural or adoptive," father or parent appear in the Act.”
Hill v. Hulet (1994) coloctapp
— Colo. Rev. Stat. § 19-4-106(2) — 2 cases
In the Interest of R.C. (1989) colo “She claimed that evidence surrounding the parties' agreement at the time he donated the semen was legally irrelevant because section 19-4-106 did not provide for consideration of such evidence.”
In Re the Adoption of T.K.J. (1996) coloctapp “See § 19-4-106(2), C.R.S. (1995 Cum.Supp.). Thus, there were no factual questions such as parental abandonment or failure to support that would have necessitated a hearing.”
— Colo. Rev. Stat. § 19-4-106(7) — 3 cases
In re Marriage of Rooks (2018) colo “Section 19-4-106(1), C.R.S. (2018), which addresses assisted reproduction by married couples using sperm or eggs donated by a third party, states that when a married couple "consents" to such assisted reproduction, the spouse who does not contribute eggs or sperm is nevertheless…”
In re Marriage of Olsen (2019) coloctapp “15 section 19-4-106(7) “logically refers to the former spouse’s consent to legal parenthood” of a child born as a result of IVF).”
In re the Marriage of Rooks (2016) coloctapp “According to the court, North Carolina does not have statutory provisions, such as Colorado’s sections 19-4-106(7) and 19 15-11-120(10), that would relieve husband of financial responsibility for a future child born using the embryos without his consent.”
— Colo. Rev. Stat. § 19-4-106(7)(a) — 2 cases
In re Marriage of Rooks (2018) colo “Section 19-4-106(1), C.R.S. (2018), which addresses assisted reproduction by married couples using sperm or eggs donated by a third party, states that when a married couple "consents" to such assisted reproduction, the spouse who does not contribute eggs or sperm is nevertheless…”
In re the Marriage of Rooks (2016) coloctapp “According to the court, North Carolina does not have statutory provisions, such as Colorado’s sections 19-4-106(7) and 19 15-11-120(10), that would relieve husband of financial responsibility for a future child born using the embryos without his consent.”
— Colo. Rev. Stat. § 19-4-106(7)(b) — 2 cases
In re Marriage of Rooks (2018) colo “Section 19-4-106(1), C.R.S. (2018), which addresses assisted reproduction by married couples using sperm or eggs donated by a third party, states that when a married couple "consents" to such assisted reproduction, the spouse who does not contribute eggs or sperm is nevertheless…”
In re the Marriage of Rooks (2016) coloctapp “According to the court, North Carolina does not have statutory provisions, such as Colorado’s sections 19-4-106(7) and 19 15-11-120(10), that would relieve husband of financial responsibility for a future child born using the embryos without his consent.”
— Colo. Rev. Stat. § 19-4-106(8) — 3 cases
In re Marriage of Rooks (2018) colo “Section 19-4-106(1), C.R.S. (2018), which addresses assisted reproduction by married couples using sperm or eggs donated by a third party, states that when a married couple "consents" to such assisted reproduction, the spouse who does not contribute eggs or sperm is nevertheless…”
Vernoff Ex Rel. Vernoff v. Astrue (2009) ca9 “Code § 26-17-707; Colo.Rev.Stat. § 19-4-106(8); Del.Code Ann.”
Schafer v. Astrue (2011) ca4 “§ 20-158(B) (generally requiring consent in writing to be the parent of any child resulting from implantation after one's death); Colo.Rev.Stat. § 19-4-106(8) (same); Utah Code Ann.”
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