An action to determine the existence of the father and child relationship may be brought at any time prior to the child's eighteenth birthday by the mother or father of said child, by the child, or by the delegate child support enforcement agency. If, however, the statute of limitations in effect at the time of the child's birth was less than eighteen years, the delegate child support enforcement agency may bring an action on behalf of the said child at any time prior to the child's twenty-first birthday. An action brought by a child whose paternity has not been determined may be brought at any time prior to the child's twenty- first birthday. This section and section 19-4-107 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.
Source: L. 87: Entire title R&RE, p. 795, § 1, effective October 1; entire section amended, p. 1587, § 59, effective October 1. L. 88: Entire section amended, p. 634, § 11, effective July 1. L. 89: Entire section amended, p. 794, § 19, effective July 1.
Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987.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- 108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Prior to the repeal and reenactment of this title in 1987, the statute of limitations to determine a father and child relationship was contained in § 19-6-108. The statute of limitations as contained in that section was changed by L. 85, p. 596, § 18, to eighteen years. For the statute of limitations in effect prior to the change in 1985, see § 19-6-108 as contained in the 1978 Replacement Volume 8 and in annual supplements thereto prior to 1985.
Notes of Decisions
People in Interest of RTL, 780 P.2d 508 (Colo. 1989).
· cites it 8× “Although section 19-4-107(1)(a) states that an action 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) may be brought at any time, section 19-4-108 makes clear that such an action initiated…”
N.A.H. v. S.L.S., 9 P.3d 354 (Colo. 2000).
“, § 19-4-108, 6 C.R.S. (1999) ("Relationship not dependent on marriage"), the Act does not rely on the concept of "legitimacy" at all.”
W.C. ex rel. A.M.K., 907 P.2d 719 (Colo. Ct. App. 1995).
“138, § 19-4-108. Husband asserts that, before petitioner can establish his own parent and child relationship by virtue of a presumption, petitioner must first obtain an order declaring the nonexistence of his presumed parent and child relationship.”
People in Interest of JMA, 803 P.2d 187 (Colo. 1990).
“This section and section 19-6-107 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.”
People in Interest of LJ, 835 P.2d 1265 (Colo. Ct. App. 1992).
“Rather, once the presumption has been rebutted, paternity of the child by another man may be determined in the same action if the man has been made a party, § 19-4-107(l)(b), or in a separate action brought at any time up to the child’s eighteenth or twenty-first birthday,…”
In re I.M., 410 P.3d 488 (Colo. Ct. App. 2013).
· cites it 25× “was over age eighteen, mother's action was barred by the statute of limitations under section 19-4-108, C.R.S. 2012, and she lacked capacity to sue as next friend of I.”
People Ex Rel. JAU v. RLC, 47 P.3d 327 (Colo. 2002).
· cites it 4× “(2001), nor section 19-4-108, 6 C.R.S. (2001), support the result R.”
Wc in Interest of Amk, 907 P.2d 719 (Colo. Ct. App. 1995).
“138, § 19-4-108. Husband asserts that, before petitioner can establish his own parent and child relationship by virtue of a presumption, petitioner must first obtain an order declaring the nonexistence of his presumed parent and child relationship.”
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