Colo. Rev. Stat. § 19-4-105

Current through Acts effective through 7/1/2024 of the 2024 Legislative Session
Section 19-4-105 - Presumption of paternity
(1) A person is presumed to be the natural parent of a child if:
(a) The person and the parent who gave birth to the child are or have been married to each other or are in a civil union pursuant to article 15 of title 14, and the child is born during the marriage or civil union, within three hundred days after the marriage or civil union is terminated by death, annulment, declaration of invalidity of marriage or civil union, dissolution of marriage or civil union, or divorce, or after a decree of legal separation is entered by a court;
(b) Before the child's birth, the person and the parent who gave birth to the child have attempted to marry each other by a marriage solemnized in apparent compliance with law or attempted to enter into a civil union in apparent compliance with law, although the attempted marriage or civil union is or could be declared invalid, and:
(I) If the attempted marriage or civil union could be declared invalid only by a court, the child is born during the attempted marriage or civil union or within three hundred days after its termination by death, annulment, declaration of invalidity of marriage or civil union, dissolution of marriage or civil union, or divorce; or
(II) If the attempted marriage or civil union is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;
(c) After the child's birth, the person and the parent who gave birth to the child have married or entered into a civil union, or attempted to marry each other by a marriage solemnized in apparent compliance with law or enter into a civil union in apparent compliance with law, although the attempted marriage or civil union is or could be declared invalid, and:
(I) The person has asserted parentage of the child in writing filed with the court or registrar of vital statistics, if such acknowledgment has not previously become a legal finding pursuant to subsection (2)(a.5) of this section;
(II) With the person's consent, the person is named as the child's parent on the child's birth certificate; or
(III) The person is obligated to support the child under a written voluntary promise or by court order or by an administrative order issued pursuant to section 26-13.5-110;
(d) While the child is under the age of majority, the person receives the child into the person's home and openly holds out the child as the person's natural child;
(e) (Deleted by amendment, L. 2022.)
(f) The genetic tests or other tests of inherited characteristics have been administered pursuant to section 13-25-126, and the results show that the alleged genetic parent is not excluded as the probable genetic parent and that the probability of the person's genetic parentage is ninety-seven percent or higher. This subsection (3)(f) does not apply to a donor as defined in section 19-1-103.
(2)
(a) A presumption of parentage pursuant to subsection (1) of this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more conflicting presumptions arise, the presumption that, on the facts, is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing parentage of the child by another person other than the parent who gave birth. In determining which of two or more conflicting presumptions controls, based upon the weightier considerations of policy and logic, the judge or magistrate shall consider all pertinent factors, including but not limited to the following:
(I) The length of time between the proceeding to determine parentage and the time that the presumed parent was placed on notice that the presumed parent might not be the genetic parent, unless the child was conceived through an assisted reproductive procedure;
(II) The length of time during which the presumed parent has assumed the role of the child's parent;
(III) The facts surrounding the presumed parent's discovery of the possibility that the presumed parent was not a genetic parent, unless the child was conceived through an assisted reproductive procedure;
(IV) The nature of the existing parent-child relationship;
(V) The child's age;
(VI) The child's relationship to any presumed parent or parents;
(VII) The extent to which the passage of time reduces the chances of establishing another person's parentage and a child support obligation in favor of the child; and
(VIII) Any other factors that may affect the equities arising from the disruption of the parent-child relationship between the child and the presumed parent or parents or the chance of other harm to the child.
(a.5)
(I) A person and the parent who gave birth to the child may sign a voluntary acknowledgment of parentage to establish the parentage of the child. A voluntary acknowledgment of parentage may be signed by a parent who gave birth to the child and either:
(A) Another person who is or believes themselves to be a genetic parent; or
(B) Another person who is an intended parent of a child conceived through an assisted reproductive procedure.
(II) A married person or person in a civil union who gives birth to a child may only sign a voluntary acknowledgment of parentage with a person who is not the married person's spouse or civil union partner if the spouse or civil union partner signs a denial of parentage.
(b) A duly executed voluntary acknowledgment of parentage takes effect upon the filing of the document with the state registrar of vital statistics and may be rescinded within the earlier of:
(I) Sixty days after execution of such acknowledgment; or
(II) On the date of any administrative or judicial proceeding pursuant to this article or any administrative or judicial proceeding concerning the support of a child to which the signatory is a party.
(c) An acknowledgment of parentage may be challenged in court only on the basis of fraud, duress, or mistake of material fact, with the burden of proof upon the challenger. Any legal responsibilities resulting from signing an acknowledgment of parentage, including child support obligations, continue during any challenge to the finding of parentage, except for good cause shown.
(d) Except as otherwise provided in subsections (2)(b) and (2)(c) of this section, a voluntary acknowledgment of parentage that complies with this section and section 25-2-112, and is filed with the state registrar of vital statistics, is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. The court shall give full faith and credit to a voluntary acknowledgment of parentage that is effective in another state, including a federally recognized Indian tribe, if the acknowledgment was in a signed record and otherwise complies with the laws of the other state or federally recognized Indian tribe.

C.R.S. § 19-4-105

Amended by 2023 Ch. 330,§ 22, eff. 6/2/2023.
Amended by 2022 Ch. 210, § 4, eff. 8/10/2022.
L. 87: Entire title R&RE, p. 793, § 1, effective October 1. L. 89: (1)(c)(III) amended, p. 1247, § 3, effective April 1. L. 91: (1)(f) amended, p. 253, § 10, effective July 1. L. 97: (1)(c)(I), (1)(e), and (2) amended, p. 1274, § 13, effective July 1. L. 2003: (2)(a) amended, p. 1268, § 59, effective July 1. L. 2008: (2)(c) amended, p. 1656, § 2, effective August 15.

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 § 19-6-105 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

2022 Ch. 210, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration contained in the 1997 act amending subsections (1)(c)(I), (1)(e), and (2), see section 1 of chapter 236, Session Laws of Colorado 1997.