Colorado 2022 Regular Session

Colorado House Bill HB1153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0507.01 Jane Ritter x4342
1	8		HOUSE BILL 22-1153
2		-	BY REPRESENTATIVE(S) Tipper and Esgar, Amabile, Bacon, Benavidez,
3		-	Bernett, Bird, Boesenecker, Caraveo, Cutter, Daugherty, Duran, Exum,
4		-	Froelich, Gonzales-Gutierrez, Gray, Herod, Jodeh, Kennedy, Kipp, Lindsay,
5		-	Lontine, McCluskie, McCormick, McLachlan, Michaelson Jenet, Mullica,
6		-	Ortiz, Ricks, Roberts, Sirota, Snyder, Sullivan, Titone, Valdez A.,
7		-	Valdez D., Weissman, Woodrow, Young, Garnett, Hooton;
8		-	also SENATOR(S) Bridges and Moreno, Buckner, Coleman, Coram,
9		-	Danielson, Donovan, Fields, Ginal, Gonzales, Hansen, Hinrichsen,
10		-	Jaquez Lewis, Kolker, Lee, Pettersen, Rodriguez, Story, Winter, Zenzinger,
11		-	Fenberg.
	9	+	House Committees Senate Committees
	10	+	Public & Behavioral Health & Human Services Health & Human Services
	11	+	A BILL FOR AN ACT
12	12		C
13		-	ONCERNING AFFIRMING PARENTAGE BY ADOPTION FOR A PERSON WHO DID
14		-	NOT GIVE BIRTH WHEN THE CHILD IS CONCEIVED AS A RESULT OF
15		-	ASSISTED REPRODUCTION
16		-	.
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, add 19-5-203.5 as
19		-	follows:
20		-	19-5-203.5. Confirmatory adoption - short title - definitions.
	13	+	ONCERNING AFFIRMING PARENTAGE BY ADOPTION FOR A PERSON101
	14	+	WHO DID NOT GIVE BIRTH WHEN THE CHILD IS CONCEIVED AS A102
	15	+	RESULT OF ASSISTED REPRODUCTION .103
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	Whenever a child is conceived as a result of assisted reproduction
	24	+	and the person who did not give birth is a parent or a presumed parent, the
	25	+	bill allows the parents to complete an adoption of the child to affirm
	26	+	parentage in accordance. In such an instance, both parents must join the
	27	+	adoption petition as petitioners. The bill details what must be included on
	28	+	SENATE
	29	+	Amended 3rd Reading
	30	+	April 1, 2022
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	March 31, 2022
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 28, 2022
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 25, 2022
	40	+	HOUSE SPONSORSHIP
	41	+	Tipper and Esgar, Amabile, Bacon, Benavidez, Bernett, Bird, Boesenecker, Caraveo,
	42	+	Cutter, Daugherty, Duran, Exum, Froelich, Garnett, Gonzales-Gutierrez, Gray, Herod, Jodeh,
	43	+	Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick, McLachlan, Michaelson Jenet,
	44	+	Mullica, Ortiz, Ricks, Roberts, Sirota, Snyder, Sullivan, Titone, Valdez A., Valdez D.,
	45	+	Weissman, Woodrow, Young
	46	+	SENATE SPONSORSHIP
	47	+	Bridges and Moreno, Buckner, Coleman, Coram, Danielson, Donovan, Fenberg, Fields,
	48	+	Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Pettersen, Rodriguez, Story,
	49	+	Winter, Zenzinger
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	52	+	Dashes through the words indicate deletions from existing statute. the form for adoption as well as jurisdictional requirements and options.
	53	+	Be it enacted by the General Assembly of the State of Colorado:1
	54	+	SECTION 1. In Colorado Revised Statutes, add 19-5-203.5 as2
	55	+	follows:3
	56	+	19-5-203.5. Confirmatory adoption - short title - definitions.4
21	57		(1) A
22		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (a) "COURT" MEANS A DISTRICT OR JUVENILE COURT THAT HAS
31		-	JURISDICTION OVER THE ADOPTION
32		-	.
	58	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5
	59	+	REQUIRES:6
	60	+	(a) "C
	61	+	OURT" MEANS A DISTRICT OR JUVENILE COURT THAT HAS7
	62	+	JURISDICTION OVER THE ADOPTION.8
33	63		(b) "P
34		-	ETITIONER" MEANS THE PERSON OR PERSONS FILING A PETITION
35		-	FOR ADOPTION IN ACCORDANCE WITH THIS SECTION
36		-	.
	64	+	ETITIONER" MEANS THE PERSON OR PERSONS FILING A9
	65	+	PETITION FOR ADOPTION IN ACCORDANCE WITH THIS SECTION .10
37	66		(2) (a) W
38		-	HENEVER A CHILD IS CONCEIVED AS A RESULT OF ASSISTED
39		-	REPRODUCTION AND THE PERSON WHO DID NOT GIVE BIRTH IS A PARENT OR
40		-	A PRESUMED PARENT PURSUANT TO SECTION
41		-	19-4-106, OR A CHILD HAS A
42		-	PRESUMED PARENT PURSUANT TO SECTION
43		-	19-4-105, OR WHEN MARRIED
44		-	PARENTS ENGAGING IN SURROGACY IN ANOTHER STATE THAT RESULTS IN A
45		-	COURT ORDER ESTABLISHING ONLY ONE SPOUSE AS THE PARENT
46		-	, THE
47		-	PARENTS MAY COMPLETE AN ADOPTION OF THE CHILD TO AFFIRM PARENTAGE
48		-	IN ACCORDANCE WITH THIS SECTION
49		-	. BOTH PARENTS MUST JOIN THE
50		-	PETITION AS PETITIONERS
51		-	.
	67	+	HENEVER A CHILD IS CONCEIVED AS A RESULT OF11
	68	+	ASSISTED REPRODUCTION AND THE PERSON WHO DID NOT GIVE BIRTH IS A12
	69	+	PARENT OR A PRESUMED PARENT PURSUANT TO SECTION
	70	+	19-4-106, OR A13
	71	+	CHILD HAS A PRESUMED PARENT PURSUANT TO SECTION 19-4-105, OR14
	72	+	WHEN MARRIED PARENTS ENGAGING IN SURROGACY IN ANOTHER STATE15
	73	+	THAT RESULTS IN A COURT ORDER ESTABLISHING ONLY ONE SPOUSE AS THE16
	74	+	PARENT, THE PARENTS MAY COMPLETE AN ADOPTION OF THE CHILD TO17
	75	+	AFFIRM PARENTAGE IN ACCORDANCE WITH THIS SECTION . BOTH PARENTS18
	76	+	MUST JOIN THE PETITION AS PETITIONERS.19
52	77		(b) A
53		-	COMPLETE PETITION FOR ADOPTION MUST INCLUDE THE
54		-	FOLLOWING DOCUMENTS
55		-	:
	78	+	COMPLETE PETITION FOR ADOPTION MUST INCLUDE THE20
	79	+	FOLLOWING DOCUMENTS :21
56	80		(I) A
57		-	COPY OF THE PETITIONERS ' MARRIAGE OR CIVIL UNION
58		-	CERTIFICATE IF THE PARENTS WERE MARRIED OR IN A CIVIL UNION AT THE
59		-	TIME OF BIRTH
60		-	, IF APPLICABLE, AND DECLARATIONS BY THE PARENT WHO DID
61		-	NOT GIVE BIRTH EXPLAINING THE CIRCUMSTANCES OF BIRTH AND THAT THE
62		-	PERSON IS A PARENT BASED ON CONTRIBUTING GAMETES OR CONSENTING TO
63		-	THE CONCEPTION OF A CHILD THROUGH ASSISTED REPRODUCTION PURSUANT
64		-	TO SECTION
65		-	19-4-106 AND ATTESTING THAT THE CHILD WAS BORN AS A
66		-	RESULT OF ASSISTED REPRODUCTION AND ATTESTING THAT NO COMPETING
67		-	CLAIMS OF PARENTAGE EXIST
68		-	;
	81	+	COPY OF THE PETITIONERS' MARRIAGE OR CIVIL UNION22
	82	+	CERTIFICATE IF THE PARENTS WERE MARRIED OR IN A CIVIL UNION AT THE23
	83	+	TIME OF BIRTH, IF APPLICABLE, AND DECLARATIONS BY THE PARENT WHO24
	84	+	DID NOT GIVE BIRTH EXPLAINING THE CIRCUMSTANCES OF BIRTH AND THAT25
	85	+	1153-2- THE PERSON IS A PARENT BASED ON CONTRIBUTING GAMETES OR1
	86	+	CONSENTING TO THE CONCEPTION OF A CHILD THROUGH ASSISTED2
	87	+	REPRODUCTION PURSUANT TO SECTION 19-4-106 AND ATTESTING THAT3
	88	+	THE CHILD WAS BORN AS A RESULT OF ASSISTED REPRODUCTION AND4
	89	+	ATTESTING THAT NO COMPETING CLAIMS OF PARENTAGE EXIST ;5
69	90		(II) A
70		-	COPY OF THE CHILD'S BIRTH CERTIFICATE;
	91	+	COPY OF THE CHILD'S BIRTH CERTIFICATE;6
71	92		(III) I
72		-	F THE CHILD HAS ATTAINED THE AGE OF TWELVE YEARS ~~OF AGE ,~~
73		-	THE CONSENT OF THE CHILD; ~~AND~~
74		-	(IV) A ~~SWORN STATEMENT BY EACH PETITIONER ACKNOWLEDGING~~
75		-	~~PARENTAGE~~
76		-	.
	93	+	F THE CHILD HAS ATTAINED THE AGE OF TWELVE YEARS OF7
	94	+	AGE, THE CONSENT OF THE CHILD; AND8
	95	+	(IV) A
	96	+	SWORN STATEMENT BY EACH PETITIONER ACKNOWLEDGING9
	97	+	PARENTAGE.10
77	98		(c) A
78		-	COMPLETE PETITION FOR ADOPTION , AS DESCRIBED IN
79		-	SUBSECTION
80		-	(2)(b) OF THIS SECTION, SERVES AS THE PETITIONERS' WRITTEN
81		-	PAGE 2-HOUSE BILL 22-1153 CONSENT TO ADOPTION.
	99	+	COMPLETE PETITION FOR ADOPTION , AS DESCRIBED IN11
	100	+	SUBSECTION (2)(b) OF THIS SECTION, SERVES AS THE PETITIONERS '12
	101	+	WRITTEN CONSENT TO ADOPTION .13
82	102		(d) I
83		-	F THE CHILD IS CONCEIVED USING SPERM , AN EGG, OR AN
84		-	EMBRYO FROM A DONOR
85		-	, THE COURT SHALL NOT REQUIRE NOTICE OF THE
86		-	ADOPTION TO THE DONOR OR CONSENT TO THE ADOPTION BY THE DONOR
87		-	.
	103	+	F THE CHILD IS CONCEIVED USING SPERM , AN EGG, OR AN14
	104	+	EMBRYO FROM A DONOR , THE COURT SHALL NOT REQUIRE NOTICE OF THE15
	105	+	ADOPTION TO THE DONOR OR CONSENT TO THE ADOPTION BY THE DONOR .16
88	106		(3) (a) T
89		-	HE PETITIONERS MAY FILE IN AND JURISDICTION IS
90		-	APPROPRIATE IN ANY OF THE FOLLOWING
91		-	:
	107	+	HE PETITIONERS MAY FILE IN AND JURISDICTION IS17
	108	+	APPROPRIATE IN ANY OF THE FOLLOWING :18
92	109		(I) T
93		-	HE COUNTY WHERE THE CHILD AT ISSUE IS CONCEIVED OR BORN ;
94		-
95		-	(II) THE COUNTY OF RESIDENCE OF ONE OR BOTH OF THE
96		-	PETITIONERS
97		-	; OR
98		-	(III) A COLORADO COUNTY CHOSEN BY THE PETITIONERS SO LONG
99		-	AS THE CHILD WAS CONCEIVED OR BORN IN
100		-	COLORADO. THE PETITIONERS
101		-	ARE NOT REQUIRED TO BE RESIDENTS OF
102		-	COLORADO FOR JURISDICTION TO BE
103		-	APPROPRIATE SO LONG AS THE CHILD WAS CONCEIVED OR BORN IN
104		-	COLORADO.
105		-	(b) U
106		-	NLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE
107		-	SHOWN
108		-	, FOR PURPOSES OF EVALUATING AND GRANTING A PETITION FOR
109		-	ADOPTION PURSUANT TO THIS SECTION
110		-	, THE COURT SHALL NOT REQUIRE:
	110	+	HE COUNTY WHERE THE CHILD AT ISSUE IS
	111	+	CONCEIVED OR19
	112	+	BORN; 20
	113	+	(II) T
	114	+	HE COUNTY OF RESIDENCE OF ONE OR BOTH OF THE21
	115	+	PETITIONERS; OR22
	116	+	(III) A
	117	+	COLORADO COUNTY CHOSEN BY THE PETITIONERS SO LONG23
	118	+	AS THE CHILD WAS CONCEIVED OR BORN IN COLORADO. THE PETITIONERS24
	119	+	ARE NOT REQUIRED TO BE RESIDENTS OF COLORADO FOR JURISDICTION TO25
	120	+	BE APPROPRIATE SO LONG AS THE CHILD WAS CONCEIVED OR BORN IN26
	121	+	COLORADO.27
	122	+	1153
	123	+	-3- (b) UNLESS OTHERWISE ORDERED BY THE COURT FOR GOOD CAUSE1
	124	+	SHOWN, FOR PURPOSES OF EVALUATING AND GRANTING A PETITION FOR2
	125	+	ADOPTION PURSUANT TO THIS SECTION , THE COURT SHALL NOT REQUIRE:3
111	126		(I) A
112		-	N IN-PERSON HEARING OR APPEARANCE ;
	127	+	N IN-PERSON HEARING OR APPEARANCE ;4
113	128		(II) A
114		-	HOME STUDY BY, NOTICE TO, OR APPROVAL OF THE STATE
115		-	DEPARTMENT OF HUMAN SERVICES OR A LICENSED CHILD PLACEMENT
116		-	AGENCY AS DEFINED IN SECTION
117		-	19-1-103;
	129	+	HOME STUDY BY, NOTICE TO, OR APPROVAL OF THE STATE5
	130	+	DEPARTMENT OF HUMAN SERVICES OR A LICENSED CHILD PLACEMENT6
	131	+	AGENCY AS DEFINED IN SECTION 19-1-103;7
118	132		(III) F
119		-	INGERPRINTING OR A CRIMINAL OFFENDER RECORD
120		-	INFORMATION SEARCH
121		-	;
	133	+	INGERPRINTING OR A CRIMINAL OFFENDER RECORD8
	134	+	INFORMATION SEARCH;9
122	135		(IV) V
123		-	ERIFICATION THAT THE CHILD IS NOT REGISTERED WITH THE
124		-	FEDERAL REGISTER FOR MISSING CHILDREN OR THE CENTRAL REGISTER
125		-	; OR
126		-	(V) A MINIMUM RESIDENCY PERIOD IN THE HOME OF THE PETITIONER .
	136	+	ERIFICATION THAT THE CHILD IS NOT REGISTERED WITH THE10
	137	+	FEDERAL REGISTER FOR MISSING CHILDREN OR THE CENTRAL REGISTER ; OR11
	138	+	(V) A
	139	+	MINIMUM RESIDENCY PERIOD IN THE HOME OF THE12
	140	+	PETITIONER.13
127	141		(4) (a) T
128		-	HE COURT SHALL GRANT THE ADOPTION AND ISSUE ~~A DECREE~~
129		-	~~PAGE 3-HOUSE BILL 22-1153~~ OF ADOPTION WITHIN THIRTY DAYS AFTER FINDING :
	142	+	HE COURT SHALL GRANT THE ADOPTION AND ISSUE A14
	143	+	DECREE OF ADOPTION WITHIN THIRTY DAYS AFTER FINDING :15
130	144		(I) T
131		-	HE PETITIONER FILED A COMPLETE PETITION FOR ADOPTION
132		-	PURSUANT TO SUBSECTION
133		-	(2)(b) OF THIS SECTION; AND
134		-	(II) (A) FOR PARENTS WHO ARE SPOUSES OR CIVIL UNION PARTNERS ,
135		-	THE PETITIONERS WERE MARRIED OR IN A CIVIL UNION AT THE TIME OF THE
136		-	CHILD
137		-	'S CONCEPTION OR BIRTH; OR
138		-	(B) FOR PRESUMED PARENTS, OR ANY OTHER PERSON WITH A CLAIM
139		-	TO PARENTAGE OF THE CHILD WHO IS REQUIRED TO PROVIDE NOTICE OF
140		-	, OR
141		-	CONSENT TO
142		-	, THE ADOPTION, THE PERSON HAS RECEIVED NOTICE AND
143		-	PROVIDED CONSENT TO THE ADOPTION
144		-	.
	145	+	HE PETITIONER FILED A COMPLETE PETITION FOR ADOPTION16
	146	+	PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION; AND17
	147	+	(II) (A) F
	148	+	OR PARENTS WHO ARE SPOUSES OR CIVIL UNION18
	149	+	PARTNERS, THE PETITIONERS WERE MARRIED OR IN A CIVIL UNION AT THE19
	150	+	TIME OF THE CHILD'S CONCEPTION OR BIRTH; OR20
	151	+	(B) F
	152	+	OR PRESUMED PARENTS , OR ANY OTHER PERSON WITH A21
	153	+	CLAIM TO PARENTAGE OF THE CHILD WHO IS REQUIRED TO PROVIDE NOTICE22
	154	+	OF, OR CONSENT TO, THE ADOPTION, THE PERSON HAS RECEIVED NOTICE23
	155	+	AND PROVIDED CONSENT TO THE ADOPTION .24
145	156		(b) A
146		-	PETITION TO ADOPT, PURSUANT TO THIS SECTION, WHEN A
147		-	PETITIONER
148		-	'S PARENTAGE IS PRESUMED OR LEGALLY RECOGNIZED UNDER
149		-	COLORADO LAW, MUST NOT BE DENIED SOLELY ON THE BASIS THAT THE
150		-	PETITIONER
151		-	'S PARENTAGE IS ALREADY PRESUMED OR LEGALLY RECOGNIZED .
152		-	(c) W
153		-	HEN PARENTAGE IS PRESUMED OR LEGALLY RECOGNIZED
154		-	PURSUANT TO
155		-	COLORADO LAW, FAILURE TO PETITION FOR ADOPTION
156		-	PURSUANT TO THIS SECTION MAY NOT BE CONSIDERED AS EVIDENCE WHEN
157		-	TWO OR MORE PRESUMPTIONS CONFLICT PURSUANT TO SECTION
158		-	19-4-105
159		-	(2)(a),
160		-	NOR IN DETERMINING THE BEST INTEREST OF THE CHILD .
	157	+	PETITION TO ADOPT, PURSUANT TO THIS SECTION, WHEN A25
	158	+	PETITIONER'S PARENTAGE IS PRESUMED OR LEGALLY RECOGNIZED UNDER26
	159	+	C
	160	+	OLORADO LAW, MUST NOT BE DENIED SOLELY ON THE BASIS THAT THE27
	161	+	1153
	162	+	-4- PETITIONER'S PARENTAGE IS ALREADY PRESUMED OR LEGALLY1
	163	+	RECOGNIZED.2
	164	+	(c) WHEN PARENTAGE IS PRESUMED OR LEGALLY RECOGNIZED3
	165	+	PURSUANT TO COLORADO LAW, FAILURE TO PETITION FOR ADOPTION4
	166	+	PURSUANT TO THIS SECTION MAY NOT BE CONSIDERED AS EVIDENCE WHEN5
	167	+	TWO OR MORE PRESUMPTIONS CONFLICT PURSUANT TO SECTION 19-4-1056
	168	+	(2)(a), NOR IN DETERMINING THE BEST INTEREST OF THE CHILD .7
161	169		(5) A
162		-	FTER THE DECREE OF ADOPTION IS ISSUED REGARDING A CHILD
163		-	BORN TO ONE OR MORE PARENTS
164		-	, REGARDLESS OF MARITAL STATUS , EACH
165		-	PARENT IS CONSIDERED AN EQUAL PARENT WITH EQUAL PARENTING RIGHTS
166		-	AND RESPONSIBILITIES
167		-	.
	170	+	FTER THE DECREE OF ADOPTION IS ISSUED REGARDING A8
	171	+	CHILD BORN TO ONE OR MORE PARENTS, REGARDLESS OF MARITAL STATUS,9
	172	+	EACH PARENT IS CONSIDERED AN EQUAL PARENT WITH EQUAL PARENTING10
	173	+	RIGHTS AND RESPONSIBILITIES.11
168	174		(6) T
169		-	HE DECREE OF ADOPTION MUST INCLUDE FINDINGS THAT THE
170		-	PARENT WHO GAVE BIRTH
171		-	, OR THE ADJUDICATED PARENT, AND THE PARENT
172		-	WHO ADOPTED THE CHILD ARE THE PARENTS OF THE CHILD
173		-	.
	175	+	HE DECREE OF ADOPTION MUST INCLUDE FINDINGS THAT THE12
	176	+	PARENT WHO GAVE BIRTH , OR THE ADJUDICATED PARENT ,
	177	+	AND THE13
	178	+	PARENT WHO ADOPTED THE CHILD ARE THE PARENTS OF THE CHILD .14
174	179		(7) T
175	180		HE SHORT TITLE OF THIS SECTION IS "MARLO'S LAW."
176		-	SECTION 2. In Colorado Revised Statutes, 19-1-103, amend (61)
177		-	as follows:
178		-	19-1-103. Definitions. As used in this title 19 or in the specified
179		-	PAGE 4-HOUSE BILL 22-1153 portion of this title 19, unless the context otherwise requires:
180		-	(61) "Donor", as used in section 19-4-106 ARTICLE 4 OF THIS TITLE
181		-	19, means an individual who produces eggs or sperm used for AN assisted
182		-	reproduction REPRODUCTIVE PROCEDURE , whether or not for consideration.
183		-	"Donor" does not include a spouse who provides sperm or eggs to be used
184		-	for assisted reproduction by the other spouse AN INTENDED PARENT
185		-	PURSUANT TO SECTION
186		-	19-4-106 (1) OR (5) OR SECTION 19-4.5-109 OR A
187		-	SPOUSE OR CIVIL UNION PARTNER WHO PROVIDES REPRODUCTIVE TISSUE TO
188		-	BE USED FOR AN ASSISTED REPRODUCTIVE PROCEDURE BY THE OTHER
189		-	SPOUSE OR CIVIL UNION PARTNER
190		-	.
191		-	SECTION 3. In Colorado Revised Statutes, add 19-4-102.5 as
192		-	follows:
	181	+	15
	182	+	SECTION 2. In Colorado Revised Statutes, 19-1-103, amend16
	183	+	(61) as follows:17
	184	+	19-1-103. Definitions. As used in this title 19 or in the specified18
	185	+	portion of this title 19, unless the context otherwise requires:19
	186	+	(61) "Donor", as used in section 19-4-106 ARTICLE 4 OF THIS TITLE20
	187	+	19, means an individual who produces eggs or sperm used for
	188	+	AN assisted
	189	+	21
	190	+	reproduction REPRODUCTIVE PROCEDURE , whether or not for22
	191	+	consideration. "Donor" does not include a spouse who provides sperm or23
	192	+	eggs to be used for assisted reproduction by the other spouse AN24
	193	+	INTENDED PARENT PURSUANT TO SECTION 19-4-106 (1) OR (5) OR SECTION25
	194	+	19-4.5-109
	195	+	OR A SPOUSE OR CIVIL UNION PARTNER WHO PROVIDES
	196	+	26
	197	+	REPRODUCTIVE TISSUE TO BE USED FOR AN ASSISTED REPRODUCTIVE27
	198	+	1153
	199	+	-5- PROCEDURE BY THE OTHER SPOUSE OR CIVIL UNION PARTNER .1
	200	+	SECTION 3. In Colorado Revised Statutes, add 19-4-102.5 as2
	201	+	follows:3
193	202		19-4-102.5. Terms defined. (1) A
194		-	NY REFERENCE IN THE STATUTES,
195		-	ADMINISTRATIVE RULES, COURT RULES, GOVERNMENT POLICIES, COMMON
196		-	LAW
197		-	, AND ANY OTHER PROVISION OR SOURCE OF LAW IN THIS STATE TO AN
198		-	"ACKNOWLEDGMENT OF PATERNITY " MEANS AN "ACKNOWLEDGMENT OF
199		-	PARENTAGE
200		-	", AS DESCRIBED IN THIS SECTION.
	203	+	NY REFERENCE IN THE
	204	+	4
	205	+	STATUTES, ADMINISTRATIVE RULES , COURT RULES, GOVERNMENT5
	206	+	POLICIES, COMMON LAW, AND ANY OTHER PROVISION OR SOURCE OF LAW6
	207	+	IN THIS STATE TO AN "ACKNOWLEDGMENT OF PATERNITY " MEANS AN7
	208	+	"
	209	+	ACKNOWLEDGMENT OF PARENTAGE ", AS DESCRIBED IN THIS SECTION.
	210	+	8
201	211		(2) U
202		-	NLESS THE CONTEXT OTHERWISE REQUIRES , ANY REFERENCE IN
203		-	THIS TITLE
204		-	19 TO "FATHER" INCLUDES A PARENT OF ANY GENDER , ANY
205		-	REFERENCE TO
206		-	"MOTHER" INCLUDES A PARENT OF ANY GENDER , AND ANY
207		-	REFERENCE TO
208		-	"PATERNITY" IS EQUALLY APPLICABLE TO "PARENTAGE".
	212	+	NLESS THE CONTEXT OTHERWISE REQUIRES , ANY REFERENCE
	213	+	9
	214	+	IN THIS TITLE 19 TO "FATHER" INCLUDES A PARENT OF ANY GENDER, ANY10
	215	+	REFERENCE TO "MOTHER" INCLUDES A PARENT OF ANY GENDER, AND ANY11
	216	+	REFERENCE TO "PATERNITY" IS EQUALLY APPLICABLE TO "PARENTAGE".12
209	217		(3) U
210	218		NLESS THE CONTEXT OTHERWISE REQUIRES , AS USED IN THIS
211		-	TITLE
212		-	19, "NATURAL PARENT" MEANS A NONADOPTIVE PARENT ESTABLISHED
213		-	PURSUANT TO ARTICLE
214		-	4 OF THIS TITLE 19, WHETHER OR NOT BIOLOGICALLY
215		-	RELATED TO THE CHILD
216		-	.
	219	+	13
	220	+	TITLE 19, "NATURAL PARENT " MEANS A NONADOPTIVE PARENT14
	221	+	ESTABLISHED PURSUANT TO ARTICLE 4 OF THIS TITLE 19, WHETHER OR NOT15
	222	+	BIOLOGICALLY RELATED TO THE CHILD .16
217	223		(4) A
218	224		NY REFERENCE IN THE STATUTES, ADMINISTRATIVE RULES,
219		-	COURT RULES, GOVERNMENT POLICIES, COMMON LAW, AND ANY OTHER
220		-	PROVISION OR SOURCE OF LAW IN THIS STATE TO
221		-	"SPOUSE", "HUSBAND", OR
222		-	"WIFE", OR TO THE PLURALS OF SUCH TERMS, ARE EQUALLY APPLICABLE TO
223		-	A CIVIL UNION PARTNER
224		-	. ANY REFERENCE TO "MARRIAGE", "MARITAL
225		-	UNION
226		-	", "MARITAL STATUS", "MARRIED", "UNMARRIED", "WEDLOCK", OR
227		-	ANY SIMILAR TERM IS EQUALLY APPLICABLE TO THE STATUS OF BEING IN A
228		-	CIVIL UNION OR NOT IN A CIVIL UNION
229		-	.
230		-	PAGE 5-HOUSE BILL 22-1153 SECTION 4. In Colorado Revised Statutes, amend 19-4-105 as
231		-	follows:
232		-	19-4-105. Presumption of paternity. (1) A man PERSON is
233		-	presumed to be the natural father PARENT of a child if:
234		-	(a) He and the child's natural mother THE PERSON AND THE PARENT
235		-	WHO GAVE BIRTH TO THE CHILD
236		-	are or have been married to each other OR
237		-	ARE IN A CIVIL UNION PURSUANT TO ARTICLE
238		-	15 OF TITLE 14, and the child
239		-	is born during the marriage
240		-	OR CIVIL UNION, within three hundred days after
241		-	the marriage
242		-	OR CIVIL UNION is terminated by death, annulment, declaration
243		-	of invalidity of marriage
244		-	OR CIVIL UNION, dissolution of marriage OR CIVIL
245		-	UNION
246		-	, or divorce, or after a decree of legal separation is entered by a court;
247		-	(b) Before the child's birth, he and the child's natural mother
248		-	THE
249		-	PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD
250		-	have attempted to
251		-	marry each other by a marriage solemnized in apparent compliance with law
252		-	OR ATTEMPTED TO ENTER INTO A CIVIL UNION IN APPARENT COMPLIANCE
	225	+	17
	226	+	COURT RULES, GOVERNMENT POLICIES, COMMON LAW, AND ANY OTHER18
	227	+	PROVISION OR SOURCE OF LAW IN THIS STATE TO "SPOUSE", "HUSBAND", OR19
	228	+	"
	229	+	WIFE", OR TO THE PLURALS OF SUCH TERMS, ARE EQUALLY APPLICABLE TO
	230	+	20
	231	+	A CIVIL UNION PARTNER. ANY REFERENCE TO "MARRIAGE", "MARITAL21
	232	+	UNION", "MARITAL STATUS", "MARRIED", "UNMARRIED", "WEDLOCK", OR22
	233	+	ANY SIMILAR TERM IS EQUALLY APPLICABLE TO THE STATUS OF BEING IN23
	234	+	A CIVIL UNION OR NOT IN A CIVIL UNION.24
	235	+	SECTION 4. In Colorado Revised Statutes, amend 19-4-105 and25
	236	+	19-4-106 as follows:26
	237	+	19-4-105. Presumption of paternity. (1) A man PERSON is27
	238	+	1153
	239	+	-6- presumed to be the natural father PARENT of a child if:1
	240	+	(a) He and the child's natural mother THE PERSON AND THE2
	241	+	PARENT WHO GAVE BIRTH TO THE CHILD are or have been married to each3
	242	+	other
	243	+	OR ARE IN A CIVIL UNION PURSUANT TO ARTICLE 15 OF TITLE 14, and
	244	+	4
	245	+	the child is born during the marriage
	246	+	OR CIVIL UNION, within three
	247	+	5
	248	+	hundred days after the marriage
	249	+	OR CIVIL UNION is terminated by death,
	250	+	6
	251	+	annulment, declaration of invalidity of marriage
	252	+	OR CIVIL UNION,
	253	+	7
	254	+	dissolution of marriage
	255	+	OR CIVIL UNION, or divorce, or after a decree of
	256	+	8
	257	+	legal separation is entered by a court;9
	258	+	(b) Before the child's birth, he and the child's natural mother THE10
	259	+	PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD have attempted11
	260	+	to marry each other by a marriage solemnized in apparent compliance12
253	261		with law
254		-	, although the attempted marriage OR CIVIL UNION is or could be
255		-	declared invalid, and:
	262	+	OR ATTEMPTED TO ENTER INTO A CIVIL UNION IN APPARENT
	263	+	13
	264	+	COMPLIANCE WITH LAW, although the attempted marriage OR CIVIL UNION14
	265	+	is or could be declared invalid, and:15
256	266		(I) If the attempted marriage
257	267		OR CIVIL UNION could be declared
	268	+	16
258	269		invalid only by a court, the child is born during the attempted marriage
259	270		OR
260		-	~~CIVIL UNION~~
261		-	or within three hundred days after its termination by death,
	271	+	17
	272	+	CIVIL UNION or within three hundred days after its termination by death,18
262	273		annulment, declaration of invalidity of marriage
263		-	OR CIVIL UNION, dissolution
264		-	of marriage
	274	+	OR CIVIL UNION,
	275	+	19
	276	+	dissolution of marriage
265	277		OR CIVIL UNION, or divorce; or
	278	+	20
266	279		(II) If the attempted marriage
267		-	OR CIVIL UNION is invalid without a
268		-	court order, the child is born within three hundred days after the termination
269		-	of cohabitation;
270		-	(c) After the child's birth, he and the child's natural mother
271		-	THE
272		-	PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD
273		-	have married OR
274		-	ENTERED INTO A CIVIL UNION
275		-	, or attempted to marry each other by a
	280	+	OR CIVIL UNION is invalid without
	281	+	21
	282	+	a court order, the child is born within three hundred days after the22
	283	+	termination of cohabitation;23
	284	+	(c) After the child's birth, he and the child's natural mother THE24
	285	+	PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD have married OR25
	286	+	ENTERED INTO A CIVIL UNION, or attempted to marry each other by a26
276	287		marriage solemnized in apparent compliance with law
277	288		OR ENTER INTO A
278		-	CIVIL UNION IN APPARENT COMPLIANCE WITH LAW
279		-	, although the attempted
	289	+	27
	290	+	1153
	291	+	-7- CIVIL UNION IN APPARENT COMPLIANCE WITH LAW , although the attempted1
280	292		marriage
281	293		OR CIVIL UNION is or could be declared invalid, and:
282		-	(I) He has acknowledged his paternity
283		-	THE PERSON HAS ASSERTED
284		-	PARENTAGE
285		-	of the child in writing filed with the court or registrar of vital
286		-	PAGE 6-HOUSE BILL 22-1153 statistics, if such acknowledgment has not previously become a legal
287		-	finding pursuant to paragraph (b) of subsection (2) SUBSECTION (2)(a.5) of
288		-	this section;
289		-	(II) With his consent, he THE PERSON'S CONSENT, THE PERSON is
290		-	named as the child's father PARENT on the child's birth certificate; or
291		-	(III) He THE PERSON is obligated to support the child under a written
292		-	voluntary promise or by court order or by an administrative order issued
293		-	pursuant to section 26-13.5-110; C.R.S.;
294		-	(d) While the child is under the age of majority, he THE PERSON
295		-	receives the child into his THE PERSON'S home and openly holds out the
296		-	child as his THE PERSON'S natural child;
297		-	(e) He acknowledges his paternity of the child in a writing filed with
298		-	the court or registrar of vital statistics, which shall promptly inform the
299		-	mother of the filing of the acknowledgment, and she does not dispute the
300		-	acknowledgment within a reasonable time after being informed thereof, in
301		-	a writing filed with the court or registrar of vital statistics, if such
302		-	acknowledgment has not previously become a legal finding pursuant to
303		-	paragraph (b) of subsection (2) of this section. If another man is presumed
304		-	under this section to be the child's father, acknowledgment may be effected
305		-	only with the written consent of the presumed father or after the
306		-	presumption has been rebutted.
307		-	(f) The genetic tests or other tests of inherited characteristics have
308		-	been administered as provided in PURSUANT TO section 13-25-126, C.R.S.,
309		-	and the results show that the alleged father GENETIC PARENT is not excluded
310		-	as the probable father GENETIC PARENT and that the probability of his THE
311		-	PERSON
312		-	'S GENETIC parentage is ninety-seven percent or higher. THIS
313		-	SUBSECTION
314		-	(3)(f) DOES NOT APPLY TO A DONOR AS DEFINED IN SECTION
315		-	19-1-103.
316		-	(2) (a) A presumption under this section
317		-	OF PARENTAGE PURSUANT
318		-	TO SUBSECTION
319		-	(1) OF THIS SECTION may be rebutted in an appropriate
320		-	action only by clear and convincing evidence. If two or more
321		-	CONFLICTING
322		-	presumptions arise, which conflict with each other,
323		-	the presumption which
324		-	THAT, on the facts, is founded on the weightier considerations of policy and
325		-	logic controls. The presumption is rebutted by a court decree establishing
326		-	PAGE 7-HOUSE BILL 22-1153 paternity PARENTAGE of the child by another man PERSON OTHER THAN THE
327		-	PARENT WHO GAVE BIRTH
328		-	. In determining which of two or more conflicting
329		-	presumptions should control
330		-	CONTROLS, based upon the weightier
331		-	considerations of policy and logic, the judge or magistrate shall consider all
332		-	pertinent factors, including but not limited to the following:
333		-	(I) The length of time between the proceeding to determine
334		-	parentage and the time that the presumed father
335		-	PARENT was placed on
336		-	notice that he THE PRESUMED PARENT might not be the genetic father
337		-	PARENT, UNLESS THE CHILD WAS CONCEIVED THROUGH AN ASSISTED
338		-	REPRODUCTIVE PROCEDURE
339		-	;
340		-	(II) The length of time during which the presumed father
341		-	PARENT
342		-	has assumed the role of father of the child THE CHILD'S PARENT;
343		-	(III) The facts surrounding the presumed father's PARENT'S discovery
344		-	of his possible nonpaternity THE POSSIBILITY THAT THE PRESUMED PARENT
345		-	WAS NOT A GENETIC PARENT
346		-	, UNLESS THE CHILD WAS CONCEIVED THROUGH
347		-	AN ASSISTED REPRODUCTIVE PROCEDURE
348		-	;
349		-	(IV) The nature of the father-child
350		-	EXISTING PARENT-CHILD
351		-	relationship;
	294	+	2
	295	+	(I) He has acknowledged his paternity THE PERSON HAS ASSERTED3
	296	+	PARENTAGE of the child in writing filed with the court or registrar of vital4
	297	+	statistics, if such acknowledgment has not previously become a legal5
	298	+	finding pursuant to paragraph (b) of subsection (2) SUBSECTION (2)(a.5)6
	299	+	of this section;7
	300	+	(II) With his consent, he THE PERSON'S CONSENT, THE PERSON is8
	301	+	named as the child's father PARENT on the child's birth certificate; or9
	302	+	(III) He THE PERSON is obligated to support the child under a10
	303	+	written voluntary promise or by court order or by an administrative order11
	304	+	issued pursuant to section 26-13.5-110; C.R.S.;12
	305	+	(d) While the child is under the age of majority, he THE PERSON13
	306	+	receives the child into his THE PERSON'S home and openly holds out the14
	307	+	child as his THE PERSON'S natural child;15
	308	+	(e) He acknowledges his paternity of the child in a writing filed16
	309	+	with the court or registrar of vital statistics, which shall promptly inform17
	310	+	the mother of the filing of the acknowledgment, and she does not dispute18
	311	+	the acknowledgment within a reasonable time after being informed19
	312	+	thereof, in a writing filed with the court or registrar of vital statistics, if20
	313	+	such acknowledgment has not previously become a legal finding pursuant21
	314	+	to paragraph (b) of subsection (2) of this section. If another man is22
	315	+	presumed under this section to be the child's father, acknowledgment may23
	316	+	be effected only with the written consent of the presumed father or after24
	317	+	the presumption has been rebutted.25
	318	+	(f) The genetic tests or other tests of inherited characteristics have26
	319	+	been administered as provided in PURSUANT TO section 13-25-126,27
	320	+	1153
	321	+	-8- C.R.S., and the results show that the alleged father GENETIC PARENT is not1
	322	+	excluded as the probable father GENETIC PARENT and that the probability2
	323	+	of his THE PERSON'S GENETIC parentage is ninety-seven percent or higher.3
	324	+	T
	325	+	HIS SUBSECTION (3)(f) DOES NOT APPLY TO A DONOR AS DEFINED IN
	326	+	4
	327	+	SECTION 19-1-103.5
	328	+	(2) (a) A presumption under this section OF PARENTAGE PURSUANT6
	329	+	TO SUBSECTION (1) OF THIS SECTION may be rebutted in an appropriate7
	330	+	action only by clear and convincing evidence. If two or more8
	331	+	CONFLICTING presumptions arise, which conflict with each other, the9
	332	+	presumption which THAT, on the facts, is founded on the weightier10
	333	+	considerations of policy and logic controls. The presumption is rebutted11
	334	+	by a court decree establishing paternity PARENTAGE of the child by12
	335	+	another man PERSON OTHER THAN THE PARENT WHO GAVE BIRTH . In13
	336	+	determining which of two or more conflicting presumptions should14
	337	+	control CONTROLS, based upon the weightier considerations of policy and15
	338	+	logic, the judge or magistrate shall consider all pertinent factors,16
	339	+	including but not limited to the following:17
	340	+	(I) The length of time between the proceeding to determine18
	341	+	parentage and the time that the presumed father PARENT was placed on19
	342	+	notice that he THE PRESUMED PARENT might not be the genetic father20
	343	+	PARENT, UNLESS THE CHILD WAS CONCEIVED THROUGH AN ASSISTED21
	344	+	REPRODUCTIVE PROCEDURE ;22
	345	+	(II) The length of time during which the presumed father PARENT23
	346	+	has assumed the role of father of the child THE CHILD'S PARENT;24
	347	+	(III) The facts surrounding the presumed father's PARENT'S25
	348	+	discovery of his possible nonpaternity THE POSSIBILITY THAT THE26
	349	+	PRESUMED PARENT WAS NOT A GENETIC PARENT , UNLESS THE CHILD WAS27
	350	+	1153
	351	+	-9- CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE ;1
	352	+	(IV) The nature of the father-child EXISTING PARENT-CHILD2
	353	+	relationship;3
352	354		(V) The
353		-	CHILD'S age; of the child;(VI) The CHILD'S relationship of the child to any presumed father or
354		-	fathers; TO ANY PRESUMED PARENT OR PARENTS ;
355		-	(VII) The extent to which the passage of time reduces the chances
356		-	of establishing the paternity of another man ANOTHER PERSON'S PARENTAGE
357		-	and a child support obligation in favor of the child; and
358		-	(VIII) Any other factors that may affect the equities arising from the
359		-	disruption of the father-child PARENT-CHILD relationship between the child
360		-	and the presumed father or fathers PARENT OR PARENTS or the chance of
361		-	other harm to the child.
	355	+	CHILD'S age; of the child;
	356	+	4
	357	+	(VI) The
	358	+	CHILD'S relationship of the child to any presumed father
	359	+	5
	360	+	or fathers; TO ANY PRESUMED PARENT OR PARENTS ;6
	361	+	(VII) The extent to which the passage of time reduces the chances7
	362	+	of establishing the paternity of another man ANOTHER PERSON'S8
	363	+	PARENTAGE and a child support obligation in favor of the child; and9
	364	+	(VIII) Any other factors that may affect the equities arising from10
	365	+	the disruption of the father-child PARENT-CHILD relationship between the11
	366	+	child and the presumed father or fathers PARENT OR PARENTS or the12
	367	+	chance of other harm to the child.13
362	368		(a.5) (I) A
363		-	PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD
364		-	MAY SIGN A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE TO ESTABLISH
365		-	THE PARENTAGE OF THE CHILD
366		-	. A VOLUNTARY ACKNOWLEDGMENT OF
367		-	PAGE 8-HOUSE BILL 22-1153 PARENTAGE MAY BE SIGNED BY A PARENT WHO GAVE BIRTH TO THE CHILD
368		-	AND EITHER
369		-	:
	369	+	PERSON AND THE PARENT WHO GAVE BIRTH TO THE
	370	+	14
	371	+	CHILD MAY SIGN A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE TO15
	372	+	ESTABLISH THE PARENTAGE OF THE CHILD . A VOLUNTARY16
	373	+	ACKNOWLEDGMENT OF PARENTAGE MAY BE SIGNED BY A PARENT WHO17
	374	+	GAVE BIRTH TO THE CHILD AND EITHER:18
370	375		(A) A
371	376		NOTHER PERSON WHO IS OR BELIEVES THEMSELVES TO BE A
372		-	GENETIC PARENT
373		-	; OR
374		-	(B) ANOTHER PERSON WHO IS AN INTENDED PARENT OF A CHILD
375		-	CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE
376		-	.
	377	+	19
	378	+	GENETIC PARENT; OR20
	379	+	(B) A
	380	+	NOTHER PERSON WHO IS AN INTENDED PARENT OF A CHILD
	381	+	21
	382	+	CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE .22
377	383		(II) A
378	384		MARRIED PERSON OR PERSON IN A CIVIL UNION WHO GIVES
379		-	BIRTH TO A CHILD MAY ONLY SIGN A VOLUNTARY ACKNOWLEDGMENT OF
380		-	PARENTAGE WITH A PERSON WHO IS NOT THE MARRIED PERSON
381		-	'S SPOUSE OR
382		-	CIVIL UNION PARTNER IF THE SPOUSE OR CIVIL UNION PARTNER SIGNS A
383		-	DENIAL OF PARENTAGE
384		-	.
385		-	(b) A duly executed voluntary acknowledgment of paternity shall be
386		-	considered a legal finding of paternity PARENTAGE TAKES EFFECT UPON THE
387		-	FILING OF THE DOCUMENT WITH THE STATE REGISTRAR OF VITAL STATISTICS
388		-	AND MAY BE RESCINDED
389		-	on the earlier of:
390		-	(I) Sixty days after execution of such acknowledgment; or
391		-	(II) On the date of any administrative or judicial proceeding
392		-	pursuant to this article or any administrative or judicial proceeding
393		-	concerning the support of a child to which the signatory is a party.
394		-	(c) Except as otherwise provided in section 19-4-107.3, a legal
395		-	finding of paternity AN ACKNOWLEDGMENT OF PARENTAGE may be
396		-	challenged in court only on the basis of fraud, duress, or mistake of material
397		-	fact, with the burden of proof upon the challenger. Any legal
398		-	responsibilities resulting from signing an acknowledgment of paternity
399		-	PARENTAGE, including child support obligations, shall continue CONTINUE
400		-	during any challenge to the finding of paternity PARENTAGE, except for
401		-	good cause shown.
	385	+	23
	386	+	BIRTH TO A CHILD MAY ONLY SIGN A VOLUNTARY ACKNOWLEDGMENT OF24
	387	+	PARENTAGE WITH A PERSON WHO IS NOT THE MARRIED PERSON 'S SPOUSE25
	388	+	OR CIVIL UNION PARTNER IF THE SPOUSE OR CIVIL UNION PARTNER SIGNS26
	389	+	A DENIAL OF PARENTAGE.27
	390	+	1153
	391	+	-10- (b) A duly executed voluntary acknowledgment of paternity shall1
	392	+	be considered a legal finding of paternity PARENTAGE TAKES EFFECT UPON2
	393	+	THE FILING OF THE DOCUMENT WITH THE STATE REGISTRAR OF VITAL3
	394	+	STATISTICS AND MAY BE RESCINDED on the earlier of:4
	395	+	(I) Sixty days after execution of such acknowledgment; or5
	396	+	(II) On the date of any administrative or judicial proceeding6
	397	+	pursuant to this article or any administrative or judicial proceeding7
	398	+	concerning the support of a child to which the signatory is a party.8
	399	+	(c) Except as otherwise provided in section 19-4-107.3, a legal9
	400	+	finding of paternity AN ACKNOWLEDGMENT OF PARENTAGE may be10
	401	+	challenged in court only on the basis of fraud, duress, or mistake of11
	402	+	material fact, with the burden of proof upon the challenger. Any legal12
	403	+	responsibilities resulting from signing an acknowledgment of paternity13
	404	+	PARENTAGE, including child support obligations, shall continue CONTINUE14
	405	+	during any challenge to the finding of paternity PARENTAGE, except for15
	406	+	good cause shown.16
402	407		(d) E
403	408		XCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (2)(b) AND
404		-	(2)(c) OF THIS SECTION, A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
405		-	THAT COMPLIES WITH THIS SECTION AND SECTION
406		-	25-2-112, AND IS FILED
407		-	WITH THE STATE REGISTRAR OF VITAL STATISTICS
408		-	, IS EQUIVALENT TO AN
409		-	ADJUDICATION OF PARENTAGE OF THE CHILD AND CONFERS ON THE
410		-	PAGE 9-HOUSE BILL 22-1153 ACKNOWLEDGED PARENT ALL RIGHTS AND DUTIES OF A PARENT . THE COURT
411		-	SHALL GIVE FULL FAITH AND CREDIT TO A VOLUNTARY ACKNOWLEDGMENT
412		-	OF PARENTAGE THAT IS EFFECTIVE IN ANOTHER STATE
413		-	, INCLUDING A
414		-	FEDERALLY RECOGNIZED
415		-	INDIAN TRIBE, IF THE ACKNOWLEDGMENT WAS IN
416		-	A SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAWS OF THE OTHER
417		-	STATE OR FEDERALLY RECOGNIZED
418		-	INDIAN TRIBE.
419		-	SECTION 5. In Colorado Revised Statutes, amend 19-4-106 as
420		-	follows:
421		-	19-4-106. Assisted reproductive procedures. (1) If, under thesupervision of a licensed physician or advanced practice nurse and with the
422		-	consent of her husband, a wife consents to assisted reproduction with sperm
423		-	donated by a man not her husband, the husband is treated in law as if he
424		-	were the natural father of a child thereby conceived. If, under the
425		-	supervision of a licensed physician or advanced practice nurse and with the
426		-	consent of her husband, a wife consents to assisted reproduction with an
427		-	egg donated by another woman, to conceive a child for herself, not as a
428		-	surrogate, the wife is treated in law as if she were the natural mother of a
429		-	child thereby conceived. Both the husband's and the wife's consent must be
430		-	in writing and signed by each of them. The physician or advanced practice
431		-	nurse shall certify their signatures and the date of the assisted reproduction
432		-	and shall file the consents with the department of public health and
433		-	environment, where they shall be kept confidential and in a sealed file;
434		-	however, the physician's failure to do so does not affect the father and child
435		-	relationship or the mother and child relationship. All papers and records
436		-	pertaining to the assisted reproduction, whether part of the permanent
437		-	record of a court or of a file held by the supervising physician or advanced
438		-	practice nurse or elsewhere, are subject to inspection only upon an order of
439		-	the court for good cause shown. IF, WITH THE CONSENT OF ANOTHER
440		-	INTENDED PARENT
441		-	, AN INTENDED PARENT CONSENTS TO BECOME PREGNANT
442		-	THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE
443		-	, THE INTENDED PARENT
444		-	WHO DOES NOT GIVE BIRTH IS TREATED IN LAW AS THE NATURAL PARENT OF
445		-	THE CHILD CONCEIVED
446		-	. THE CONSENT OF BOTH THE INTENDED PARENT WHO
447		-	WILL GIVE BIRTH AND THE OTHER INTENDED PARENT MUST BE IN WRITING
448		-	AND SIGNED BY EACH SUCH PARTY
449		-	, EXCEPT AS PROVIDED IN SUBSECTION (5)
450		-	OF THIS SECTION. THIS SUBSECTION (1) DOES NOT APPLY TO A CHILD
451		-	CONCEIVED PURSUANT TO A SURR OGACY AGREEMENT PURS UANT TO ARTICLE
452		-	4.5 OF THIS TITLE 19.
	409	+	17
	410	+	(2)(c)
	411	+	OF THIS SECTION, A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
	412	+	18
	413	+	THAT COMPLIES WITH THIS SECTION AND SECTION 25-2-112, AND IS FILED19
	414	+	WITH THE STATE REGISTRAR OF VITAL STATISTICS , IS EQUIVALENT TO AN20
	415	+	ADJUDICATION OF PARENTAGE OF THE CHILD AND CONFERS ON THE21
	416	+	ACKNOWLEDGED PARENT ALL RIGHTS AND DUTIES OF A PARENT . THE22
	417	+	COURT SHALL GIVE FULL FAITH AND CREDIT TO A VOLUNTARY23
	418	+	ACKNOWLEDGMENT OF PARENTAGE THAT IS EFFECTIVE IN ANOTHER STATE ,24
	419	+	INCLUDING A FEDERALLY RECOGNIZED INDIAN TRIBE, IF THE25
	420	+	ACKNOWLEDGMENT WAS IN A SIGNED RECORD AND OTHERWISE COMPLIES26
	421	+	WITH THE LAWS OF THE OTHER STATE OR FEDERALLY RECOGNIZED INDIAN27
	422	+	1153
	423	+	-11- TRIBE.1
	424	+	19-4-106. Assisted reproductive procedures. (1) If, under the2
	425	+	supervision of a licensed physician or advanced practice nurse and with3
	426	+	the consent of her husband, a wife consents to assisted reproduction with4
	427	+	sperm donated by a man not her husband, the husband is treated in law as5
	428	+	if he were the natural father of a child thereby conceived. If, under the6
	429	+	supervision of a licensed physician or advanced practice nurse and with7
	430	+	the consent of her husband, a wife consents to assisted reproduction with8
	431	+	an egg donated by another woman, to conceive a child for herself, not as9
	432	+	a surrogate, the wife is treated in law as if she were the natural mother of10
	433	+	a child thereby conceived. Both the husband's and the wife's consent must11
	434	+	be in writing and signed by each of them. The physician or advanced12
	435	+	practice nurse shall certify their signatures and the date of the assisted13
	436	+	reproduction and shall file the consents with the department of public14
	437	+	health and environment, where they shall be kept confidential and in a15
	438	+	sealed file; however, the physician's failure to do so does not affect the16
	439	+	father and child relationship or the mother and child relationship. All17
	440	+	papers and records pertaining to the assisted reproduction, whether part18
	441	+	of the permanent record of a court or of a file held by the supervising19
	442	+	physician or advanced practice nurse or elsewhere, are subject to20
	443	+	inspection only upon an order of the court for good cause shown. IF, WITH21
	444	+	THE CONSENT OF ANOTHER INTENDED PARENT , AN INTENDED PARENT22
	445	+	CONSENTS TO BECOME PREGNANT THROUGH AN ASSISTED REPRODUCTIVE23
	446	+	PROCEDURE, THE INTENDED PARENT WHO DOES NOT GIVE BIRTH IS24
	447	+	TREATED IN LAW AS THE NATURAL PARENT OF THE CHILD CONCEIVED . THE25
	448	+	CONSENT OF BOTH THE INTENDED PARENT WHO WILL GIVE BIRTH AND THE26
	449	+	OTHER INTENDED PARENT MUST BE IN WRITING AND SIGNED BY EACH SUCH27
	450	+	1153
	451	+	-12- PARTY, EXCEPT AS PROVIDED IN SUBSECTION (5) OF THIS SECTION. THIS1
	452	+	SUBSECTION (1) DOES NOT APPLY TO A CHILD CONCEIVED PURSUANT TO A2
	453	+	SURROGACY AGREEMENT PURSUANT TO ARTICLE 4.5 OF THIS TITLE 19.3
453	454		(2) A donor is not a parent of a child conceived by means of
454	455		AN
455		-	PAGE 10-HOUSE BILL 22-1153 assisted reproduction REPRODUCTIVE PROCEDURE , except as provided in
456		-	subsection (3) of this section.
457		-	(3) If a husband provides sperm for, or consents to, assisted
458		-	reproduction by his wife as provided in subsection (1) of this section, he is
459		-	the father of the resulting child.
460		-	(4) The requirement for consent set forth in subsection (1) of this
461		-	section does not apply to the donation of eggs by a married woman for
462		-	assisted reproduction by another woman or to the donation of sperm by a
463		-	married man for assisted reproduction by a woman who is not his wife.
464		-	(5) Failure of the husband INTENDED PARENT to sign a consent
465		-	required by subsection (1) of this section before or after the birth of the
466		-	child does not preclude a finding that the husband is the father of a child
467		-	born to his wife pursuant to section 19-4-105 (2)(a) INTENDED PARENT IS
468		-	THE PARENT IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE
469		-	THAT
470		-	, PRIOR TO THE CONCEPTION OF THE CHILD , THE PARENT WHO GIVES
471		-	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
472		-	.
473		-	(6) If there is no signed consent form, the nonexistence of the
474		-	father-child relationship shall be determined pursuant to section 19-4-107
475		-	(1)(b).
476		-	(6.5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
477		-	CONTRARY
478		-	, GENETIC TESTS MAY NOT BE ORDERED AND ARE NOT ADMISSIBLE
479		-	TO ESTABLISH A DONOR AS A PARENT
480		-	, TO CHALLENGE THE RECOGNITION OF
481		-	AN INTENDED PARENT WHO CONSENTED TO THE ASSISTED REPRODUCTIVE
482		-	PROCEDURE AS A PARENT
483		-	, OR TO CHALLENGE A VOLUNTARY
484		-	ACKNOWLEDGMENT OF PARENTAGE THAT COMPLIES WITH SECTION
485		-	19-4-105
486		-	WHERE THE CHILD WAS CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE
487		-	PROCEDURE
488		-	, EXCEPT TO RESOLVE A DISPUTE REGARDING WHETHER THE
489		-	CHILD WAS CONCEIVED THROUGH AN A SSISTED REPRODUCTIVE PROCEDURE
490		-	.
	456	+	4
	457	+	assisted reproduction REPRODUCTIVE PROCEDURE , except as provided in5
	458	+	subsection (3) of this section.6
	459	+	(3) If a husband provides sperm for, or consents to, assisted7
	460	+	reproduction by his wife as provided in subsection (1) of this section, he8
	461	+	is the father of the resulting child.9
	462	+	(4) The requirement for consent set forth in subsection (1) of this10
	463	+	section does not apply to the donation of eggs by a married woman for11
	464	+	assisted reproduction by another woman or to the donation of sperm by12
	465	+	a married man for assisted reproduction by a woman who is not his wife.13
	466	+	(5) Failure of the husband INTENDED PARENT to sign a consent14
	467	+	required by subsection (1) of this section before or after the birth of the15
	468	+	child does not preclude a finding that the husband is the father of a child16
	469	+	born to his wife pursuant to section 19-4-105 (2)(a) INTENDED PARENT IS17
	470	+	THE PARENT IF THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE18
	471	+	THAT, PRIOR TO THE CONCEPTION OF THE CHILD, THE PARENT WHO GIVES19
	472	+	GAVE BIRTH AND THE INTENDED PARENT HAD AN ORAL AGREEMENT THAT20
	473	+	BOTH WOULD BE PARENTS OF THE CHILD AND THAT THE CHILD WAS21
	474	+	CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE .22
	475	+	(6) If there is no signed consent form, the nonexistence of the23
	476	+	father-child relationship shall be determined pursuant to section 19-4-10724
	477	+	(1)(b).25
	478	+	(6.5) N
	479	+	OTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
	480	+	26
	481	+	CONTRARY, GENETIC TESTS MAY NOT BE ORDERED AND ARE NOT27
	482	+	1153
	483	+	-13- ADMISSIBLE TO ESTABLISH A DONOR AS A PARENT , TO CHALLENGE THE1
	484	+	RECOGNITION OF AN INTENDED PARENT WHO CONSENTED TO THE ASSISTED2
	485	+	REPRODUCTIVE PROCEDURE AS A PARENT , OR TO CHALLENGE A3
	486	+	VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE THAT COMPLIES WITH4
	487	+	SECTION 19-4-105 WHERE THE CHILD WAS CONCEIVED THROUGH AN5
	488	+	ASSISTED REPRODUCTIVE PROCEDURE , EXCEPT TO RESOLVE A DISPUTE6
	489	+	REGARDING WHETHER THE CHILD WAS CONCEIVED THROUGH AN ASSISTED7
	490	+	REPRODUCTIVE PROCEDURE .8
491	491		(7) (a) If a marriage
492	492		OR CIVIL UNION is dissolved before placement
	493	+	9
493	494		of eggs, sperm, or embryos, the former spouse
494		-	OR CIVIL UNION PARTNER is
495		-	not a parent of the resulting child unless the former spouse
496		-	OR CIVIL UNION
497		-	PARTNER
498		-	consented in a record that if assisted reproduction
499		-	THE ASSISTED
500		-	PAGE 11-HOUSE BILL 22-1153 REPRODUCTIVE PROCEDURE were to occur after a dissolution of marriage OR
501		-	CIVIL UNION
502		-	, the former spouse OR CIVIL UNION PARTNER would be a parent
503		-	of the child.
	495	+	OR CIVIL UNION PARTNER
	496	+	10
	497	+	is not a parent of the resulting child unless the former spouse
	498	+	OR CIVIL
	499	+	11
	500	+	UNION PARTNER consented in a record that if assisted reproduction THE12
	501	+	ASSISTED REPRODUCTIVE PROCEDURE were to occur after a dissolution of13
	502	+	marriage
	503	+	OR CIVIL UNION, the former spouse OR CIVIL UNION PARTNER
	504	+	14
	505	+	would be a parent of the child.15
504	506		(b) The consent of a former spouse
505	507		OR CIVIL UNION PARTNER to
506		-	~~assisted reproduction may be withdrawn by that individual in a record~~
507		-	~~GIVEN TO THE PARENT WHO AGREED TO GIVE BIRTH TO~~ A ~~CHILD CONCEIVED~~
508		-	~~BY AN ASSISTED REPRODUCTIVE PROCEDURE~~
509		-	at any ~~time before placement~~
510		-	of eggs, sperm, or embryos.
	508	+	16
	509	+	assisted reproduction may be withdrawn by that individual in a record17
	510	+	GIVEN TO THE PARENT WHO AGREED TO GIVE BIRTH TO A CHILD18
	511	+	CONCEIVED BY AN ASSISTED REPRODUCTIVE PROCEDURE at any time19
	512	+	before placement of eggs, sperm, or embryos.20
511	513		(8) If a spouse
512	514		OR CIVIL UNION PARTNER dies before placement of
	515	+	21
513	516		eggs, sperm, or embryos, the deceased spouse
514		-	OR CIVIL UNION PARTNER is
515		-	not a parent of the resulting child unless the deceased spouse
	517	+	OR CIVIL UNION PARTNER
	518	+	22
	519	+	is not a parent of the resulting child unless the deceased spouse
516	520		OR CIVIL
517		-	UNION PARTNER
518		-	consented in a record that if assisted reproduction were to
519		-	occur after death, the deceased spouse
520		-	OR CIVIL UNION PARTNER would be
521		-	a parent of the child.
522		-	(9) This section does not apply to the birth of a child conceived by
523		-	means of sexual intercourse.
524		-	(10) For purposes of this section, "donor" is defined in section
525		-	19-1-103.
526		-	SECTION 6. In Colorado Revised Statutes, 14-5-316, amend (j)
527		-	as follows:
528		-	14-5-316. Special rules of evidence and procedure. (j) A
529		-	voluntary acknowledgment of paternity
530		-	PARENTAGE, certified as a true copy,
531		-	is admissible to establish parentage of the child.
532		-	SECTION 7. In Colorado Revised Statutes, 25-2-112, amend (3.5)
533		-	as follows:
534		-	25-2-112. Certificates of birth - filing - establishment of
535		-	paternity - notice to collegeinvest. (3.5) Upon the birth of a child to an
536		-	unmarried woman PERSON in an institution, the person in charge of the
537		-	institution or that person's designated representative shall provide an
538		-	opportunity for the child's mother and natural father
539		-	PERSON WHO GAVE
540		-	BIRTH AND THE PERSON SEEKING TO ACKNOWLEDGE PARENTAGE PURSUANT
541		-	TO SECTION
542		-	19-4-105 to complete a written acknowledgment of paternity
543		-	PAGE 12-HOUSE BILL 22-1153 PARENTAGE on the form prescribed and furnished by the state registrar.
544		-	SECTION 8. In Colorado Revised Statutes, 25-2-112.7, amend
545		-	(1)(a) as follows:
546		-	25-2-112.7. Crime of misrepresentation of material information
547		-	in the preparation of a birth certificate - definitions. (1) As used in this
548		-	section, unless the context otherwise requires:
549		-	(a) "Birth parent" means a natural parent, by birth, of PARENT WHO
550		-	GAVE BIRTH TO
551		-	a child born in this state. "Birth parent" also includes a
552		-	presumed father or putative father in accordance with the presumptions fordetermination of paternity as set forth in section PERSON PRESUMED TO BE
553		-	A PARENT OR AN ALLEGED GENETIC PARENT IN ACCORDANCE WITH SECTIONS
554		-	19-4-105 AND 25-2-112 (3) or a putative father who is not married to themother who signs a voluntary acknowledgment of paternity PARENT WHO
555		-	SIGNS A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE OR IS RECOGNIZED
556		-	PURSUANT TO SECTION
557		-	19-4-106.
558		-	SECTION 9. Act subject to petition - effective date. This act
559		-	takes effect at 12:01 a.m. on the day following the expiration of the
560		-	ninety-day period after final adjournment of the general assembly; except
561		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
562		-	of the state constitution against this act or an item, section, or part of this act
563		-	within such period, then the act, item, section, or part will not take effect
564		-	unless approved by the people at the general election to be held in
565		-	PAGE 13-HOUSE BILL 22-1153 November 2022 and, in such case, will take effect on the date of the official
566		-	declaration of the vote thereon by the governor.
567		-	____________________________ ____________________________
568		-	Alec Garnett Steve Fenberg
569		-	SPEAKER OF THE HOUSE PRESIDENT OF
570		-	OF REPRESENTATIVES THE SENATE
571		-	____________________________ ____________________________
572		-	Robin Jones Cindi L. Markwell
573		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
574		-	OF REPRESENTATIVES THE SENATE
575		-	APPROVED________________________________________
576		-	(Date and Time)
577		-	_________________________________________
578		-	Jared S. Polis
579		-	GOVERNOR OF THE STATE OF COLORADO
580		-	PAGE 14-HOUSE BILL 22-1153
	521	+	23
	522	+	UNION PARTNER consented in a record that if assisted reproduction were24
	523	+	to occur after death, the deceased spouse
	524	+	OR CIVIL UNION PARTNER would
	525	+	25
	526	+	be a parent of the child.26
	527	+	(9) This section does not apply to the birth of a child conceived by27
	528	+	1153
	529	+	-14- means of sexual intercourse.1
	530	+	(10) For purposes of this section, "donor" is defined in section2
	531	+	19-1-103.3
	532	+	SECTION 5. In Colorado Revised Statutes, 14-5-316, amend (j)4
	533	+	as follows:5
	534	+	14-5-316. Special rules of evidence and procedure. (j) A6
	535	+	voluntary acknowledgment of paternity PARENTAGE, certified as a true7
	536	+	copy, is admissible to establish parentage of the child.8
	537	+	SECTION 6. In Colorado Revised Statutes, 25-2-112, amend9
	538	+	(3.5) as follows:10
	539	+	25-2-112. Certificates of birth - filing - establishment of11
	540	+	paternity - notice to collegeinvest. (3.5) Upon the birth of a child to an12
	541	+	unmarried woman PERSON in an institution, the person in charge of the13
	542	+	institution or that person's designated representative shall provide an14
	543	+	opportunity for the child's mother and natural father PERSON WHO GAVE15
	544	+	BIRTH AND THE PERSON SEEKING TO ACKNOWLEDGE PARENTAGE16
	545	+	PURSUANT TO SECTION 19-4-105 to complete a written acknowledgment17
	546	+	of paternity PARENTAGE on the form prescribed and furnished by the state18
	547	+	registrar.19
	548	+	SECTION 7. In Colorado Revised Statutes, 25-2-112.7, amend20
	549	+	(1)(a) as follows:21
	550	+	25-2-112.7. Crime of misrepresentation of material22
	551	+	information in the preparation of a birth certificate - definitions.23
	552	+	(1) As used in this section, unless the context otherwise requires:24
	553	+	(a) "Birth parent" means a natural parent, by birth, of PARENT WHO25
	554	+	GAVE BIRTH TO a child born in this state. "Birth parent" also includes a26
	555	+	presumed father or putative father in accordance with the presumptions27
	556	+	1153
	557	+	-15- for determination of paternity as set forth in section PERSON PRESUMED TO1
	558	+	BE A PARENT OR AN ALLEGED GENETIC PARENT IN ACCORDANCE WITH2
	559	+	SECTIONS 19-4-105 AND 25-2-112 (3) or a putative father who is not3
	560	+	married to the mother who signs a voluntary acknowledgment of paternity4
	561	+	PARENT WHO SIGNS A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE OR5
	562	+	IS RECOGNIZED PURSUANT TO SECTION 19-4-106.6
	563	+	SECTION 8. Act subject to petition - effective date. This act7
	564	+	takes effect at 12:01 a.m. on the day following the expiration of the8
	565	+	ninety-day period after final adjournment of the general assembly; except9
	566	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V10
	567	+	of the state constitution against this act or an item, section, or part of this11
	568	+	act within such period, then the act, item, section, or part will not take12
	569	+	effect unless approved by the people at the general election to be held in13
	570	+	November 2022 and, in such case, will take effect on the date of the14
	571	+	official declaration of the vote thereon by the governor.15
	572	+	1153
	573	+	-16-