C.R.S.
Section 15-11-120
Child conceived by assisted reproduction other than child born to gestational carrier
(1)
Definitions.(a)
“Birth mother” means a woman, other than a gestational carrier under section 15-11-121, who gives birth to a child of assisted reproduction. The term is not limited to a woman who is the child’s genetic mother.(b)
“Child of assisted reproduction” means a child conceived by means of assisted reproduction by a woman other than a gestational carrier under section 15-11-121.(c)
“Third-party donor” means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include:(I)
A husband who provides sperm, or a wife who provides eggs, that are used for assisted reproduction by the wife;(II)
The birth mother of a child of assisted reproduction; or(III)
An individual who has been determined under subsection (5) or (6) of this section to have a parent-child relationship with a child of assisted reproduction.(2)
Third-party donor.(3)
Parent-child relationship with birth mother.(4)
Parent-child relationship with husband whose sperm were used during his lifetime by his wife for assisted reproduction.(5)
Birth certificate - presumptive effect.(6)
Parent-child relationship with another.(a)
Before or after the child’s birth, signed a record that, considering all the facts and circumstances, evidences the individual’s consent; or(b)
In the absence of a signed record under paragraph (a) of this subsection (6):(I)
Functioned as a parent of the child no later than two years after the child’s birth;(II)
Intended to function as a parent of the child no later than two years after the child’s birth but was prevented from carrying out that intent by death, incapacity, or other circumstances; or(III)
Intended to be treated as a parent of a posthumously conceived child, if that intent is established by clear and convincing evidence.(7)
Record signed more than two years after the birth of the child - effect.(8)
Presumption - birth mother is married or surviving spouse.(a)
If the birth mother is married at the time of conception and no divorce proceeding is then pending, her spouse is presumed to satisfy the requirements of subparagraph (I) or (II) of paragraph (b) of subsection (6) of this section.(b)
If the birth mother is a surviving spouse and at her deceased spouse’s death no divorce proceeding was pending, her deceased spouse is presumed to satisfy the requirements of subparagraph (II) or (III) of paragraph (b) of subsection (6) of this section.(9)
Divorce before placement of eggs, sperm, or embryos.(10)
Withdrawal of consent before placement of eggs, sperm, or embryos.(11)
When posthumously conceived child treated as in gestation.(a)
In utero not later than thirty-six months after the individual’s death; or(b)
Born not later than forty-five months after the individual’s death.
Source:
Section 15-11-120 — Child conceived by assisted reproduction other than child born to gestational carrier, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-15.pdf
(accessed Oct. 20, 2023).