C.R.S. Section 13-25-126
Genetic tests to determine parentage

(1)(a)(I) In any action, suit, or proceeding in which the parentage of a child is at issue, including but not limited to actions or proceedings pursuant to section 14-10-122 (6) or 19-4-107.3, C.R.S., upon motion of the court or any of the interested parties, the court shall order the alleged mother, the child or children, and the alleged father to submit to genetic testing and other appropriate testing of inherited characteristics, including but not limited to blood and tissue type, for the purpose of determining probability of parentage. If a party refuses to submit to these tests, the court may resolve the question of parentage against the party to enforce its order if the rights of others and the interests of justice so require.

(II)

A court, pursuant to this section, or delegate child support enforcement unit pursuant to section 26-13.5-105, C.R.S., shall not order genetic testing of a child whose parentage has previously been determined by or pursuant to the law of another state, but a court may stay a support proceeding for such reasonable time as determined by the court to allow the party asserting the defense to pursue the nonparentage claim in the other state.

(b)

The tests shall be conducted by a laboratory approved by an accreditation body designated by the secretary of the federal department of health and human services, utilizing any genetic test of a type generally acknowledged as reliable by such accreditation body. Costs of any such expert witness for the first test administered shall be fixed at a reasonable amount and shall be paid as the court orders. If the results of the tests or the expert analysis of inherited characteristics are disputed by any party, the court shall order that an additional test be made by the same or another laboratory at the expense of the party disputing the test results or analysis.

(c)

Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that makes the results of genetic testing admissible without testimony:

(I)

The names and photographs of the individuals from whom specimens have been taken;

(II)

The names of the individuals who collected the specimens;

(III)

The places at which and dates on which the specimens were collected;

(IV)

The names of the individuals who received the specimens in the testing laboratory; and

(V)

The dates the specimens were received.

(d)

A specimen used in genetic testing may consist of one or more samples or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(e)

Specimens and reports are confidential. An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a class 2 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501 (1).

(f)

A report of genetic testing must be in a record, defined in section 19-1-103, and signed under penalty of perjury by a designee of the testing laboratory. A report made pursuant to the requirements of this article 25 is self-authenticating.

(g)

Under this section, a man is presumed to be the father of a child if the genetic testing complies with the requirements of this section and the results disclose that the man is not excluded and that the man has at least a ninety-seven percent probability of paternity.

(h)

A man presumed to be the father of the child pursuant to paragraph (g) of this subsection (1) may rebut the genetic testing results only by other genetic testing that satisfies the requirements of this section and that:

(I)

Excludes the man as the genetic father of the child; or

(II)

Identifies another man as the father of the child.
(i)
The presumption of parentage of a child born during a marriage may be overcome, as provided in section 19-4-105 (2)(a), if the court finds that the conclusion of the experts conducting the tests, as disclosed by the evidence based upon the tests, shows that one of the spouses is not the parent of the child.

(2)

Any objection to genetic testing results shall be made in writing not less than fifteen days before the first scheduled hearing at which the results may be introduced into evidence or fifteen days after motion for summary judgment is served on such person; except that a person shall object to the genetic testing results not less than twenty-four hours prior to the first scheduled hearing if such person did not receive the results fifteen or more days before such hearing. The test results shall be admissible as evidence of paternity in an action filed pursuant to article 10 of title 14, C.R.S., article 4 of title 19, C.R.S., or article 13.5 of title 26, C.R.S., without the need for foundation testimony or other proof of authenticity or accuracy.

(3)

For good cause shown, the court may order genetic testing of a deceased individual.

(4)

The court may order genetic testing of a brother of a man presumed to be the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child. If genetic testing excludes none of the brothers as the genetic father, and each brother satisfies the requirements as the presumed father of the child under section 19-4-105, C.R.S., without consideration of another identical brother being presumed to be the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

Source: Section 13-25-126 — Genetic tests to determine parentage, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑25‑101
Printed statutes - reports of decisions 13‑25‑102
United States census bureau mortality table as evidence 13‑25‑104
Proof of handwriting 13‑25‑105
Certificate of register - patent 13‑25‑106
Judicial notice of laws of other jurisdictions 13‑25‑107
Proceedings of cities and towns 13‑25‑108
Evidence of assessment 13‑25‑109
Recording of patents to land 13‑25‑110
Patent - copy of record 13‑25‑111
Patents already recorded 13‑25‑112
Fees of recorder 13‑25‑113
Lost deed - bond - note - affidavit 13‑25‑114
Certificate of publisher 13‑25‑115
Certificate of head officer 13‑25‑116
Water officials’ records 13‑25‑117
Parties plaintiff 13‑25‑118
Joint defendants 13‑25‑119
Dying declarations 13‑25‑120
Corporate resolutions and minutes 13‑25‑121
Reports of death 13‑25‑122
Person missing, interned, or captured 13‑25‑123
Report deemed pursuant to law 13‑25‑124
Libel and slander - how pleaded 13‑25‑125
Justification - pleaded and proved 13‑25‑125.5
Libel and slander - self-publication 13‑25‑126
Genetic tests to determine parentage 13‑25‑126.5
Documents arising from environmental self-evaluation - admissibility in evidence 13‑25‑127
Civil actions - degree of proof required 13‑25‑128
Rules of evidence - grant of authority subject to reservation 13‑25‑129
Statements of a child - hearsay exception 13‑25‑129.5
Statements of persons with intellectual and developmental disabilities - hearsay exception 13‑25‑130
Criminal actions - use of photographs, video tapes, or films of property 13‑25‑131
Civil actions - sexual assault - certain evidence presumed irrelevant 13‑25‑132
Criminal actions - video tape depositions - use at trial 13‑25‑133
Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception 13‑25‑134
Electronic records and signatures - admissibility in evidence - originals 13‑25‑135
Evidence of admissions - civil proceedings - unanticipated outcomes - medical care 13‑25‑136
Criminal actions - prenatal drug and alcohol screening - admissibility of evidence 13‑25‑137
Admissibility of commercial packaging 13‑25‑138
Victim’s and witness’s prior sexual conduct history - evidentiary hearing - victim’s identity - protective order 13‑25‑139
Criminal action - interference with witness - forfeiture by wrongdoing
Green check means up to date. Up to date

Current through Fall 2024

§ 13-25-126’s source at colorado​.gov