C.R.S. Section 15-11-121
Child born to gestational carrier


(1)

In this section:

(a)

“Gestational agreement” means an enforceable or unenforceable agreement for assisted reproduction in which a woman agrees to carry a child to birth for an intended parent, intended parents, or an individual described in subsection (5) of this section.

(b)

“Gestational carrier” means a woman who is not an intended parent who gives birth to a child under a gestational agreement. The term is not limited to a woman who is the child’s genetic mother.

(c)

“Gestational child” means a child born to a gestational carrier under a gestational agreement.

(d)

“Intended parent” means an individual who entered into a validated gestational agreement providing that the individual will be the parent of a child born to a gestational carrier by means of assisted reproduction. The term is not limited to an individual who has a genetic relationship with the child.

(2)

Court order adjudicating parentage - effect.
A parent-child relationship is conclusively established by a court order designating the parent or parents of a gestational child.

(3)

Gestational carrier.
A parent-child relationship between a gestational child and the child’s gestational carrier does not exist unless the gestational carrier is:

(a)

Designated as a parent of the child in a court order described in subsection (2) of this section; or

(b)

The child’s genetic mother and a parent-child relationship does not exist under this section with an individual other than the gestational carrier.

(4)

Parent-child relationship with intended parent or parents.
In the absence of a court order under subsection (2) of this section, a parent-child relationship exists between a gestational child and an intended parent who:

(a)

Functioned as a parent of the child no later than two years after the child’s birth; or

(b)

Died while the gestational carrier was pregnant if:

(I)

There were two intended parents and the other intended parent functioned as a parent of the child no later than two years after the child’s birth;

(II)

There were two intended parents, the other intended parent also died while the gestational carrier was pregnant, and a relative of either deceased intended parent or the spouse or surviving spouse of a relative of either deceased intended parent functioned as a parent of the child no later than two years after the child’s birth; or

(III)

There was no other intended parent and a relative of or the spouse or surviving spouse of a relative of the deceased intended parent functioned as a parent of the child no later than two years after the child’s birth.

(5)

Gestational agreement after death or incapacity.
In the absence of a court order under subsection (2) of this section, a parent-child relationship exists between a gestational child and an individual whose sperm or eggs were used after the individual’s death or incapacity to conceive a child under a gestational agreement entered into after the individual’s death or incapacity if the individual intended to be treated as the parent of the child. The individual’s intent may be shown by:

(a)

A record signed by the individual which considering all the facts and circumstances evidences the individual’s intent; or

(b)

Other facts and circumstances establishing the individual’s intent by clear and convincing evidence.

(6)

Presumption - gestational agreement after spouse’s death or incapacity.
Except as otherwise provided in subsection (7) of this section, and unless there is clear and convincing evidence of a contrary intent, an individual is deemed to have intended to be treated as the parent of a gestational child for purposes of paragraph (b) of subsection (5) of this section if:

(a)

The individual, before death or incapacity, deposited the sperm or eggs that were used to conceive the child;

(b)

When the individual deposited the sperm or eggs, the individual was married and no divorce proceeding was pending; and

(c)

The individual’s spouse or surviving spouse functioned as a parent of the child no later than two years after the child’s birth.

(7)

Subsection (6) presumption inapplicable.
The presumption under subsection (6) of this section does not apply if there is:

(a)

A court order under subsection (2) of this section; or

(b)

A signed record that satisfies paragraph (a) of subsection (5) of this section.

(8)

When posthumously conceived gestational child treated as in gestation.
If, under this section, an individual is a parent of a gestational child who is conceived after the individual’s death, the child is treated as in gestation at the time of the individual’s death for purposes of section 15-11-104 (1)(b) if the child is:

(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.

(9)

No effect on other laws.
This section does not affect laws of this state other than this code regarding the enforceability or validity of a gestational agreement.

Source: Section 15-11-121 — Child born to gestational carrier, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-15.­pdf (accessed Oct. 20, 2023).

15‑11‑101
Intestate estate
15‑11‑102
Share of spouse
15‑11‑102.5
Share of designated beneficiary
15‑11‑103
Share of heirs other than surviving spouse and designated beneficiary - definitions
15‑11‑104
Requirement of survival by one hundred twenty hours - individual gestation
15‑11‑105
No taker
15‑11‑106
Per capita at each generation
15‑11‑107
Inheritance without regard to number of common ancestors in same generation
15‑11‑109
Advancements
15‑11‑110
Debts to decedent
15‑11‑111
Alienage
15‑11‑112
Dower and courtesy abolished
15‑11‑113
Individual related to decedent through more than one line of relationship
15‑11‑114
Parent barred from inheriting in certain circumstances
15‑11‑115
Definitions
15‑11‑116
Effect of parent-child relationship
15‑11‑117
No distinction based on marital status
15‑11‑118
Adoptee and adoptee’s adoptive parent or parents
15‑11‑119
Adoptee and adoptee’s genetic parents
15‑11‑120
Child conceived by assisted reproduction other than child born to gestational carrier
15‑11‑121
Child born to gestational carrier
15‑11‑122
Equitable adoption
15‑11‑201
Definitions
15‑11‑202
Elective-share
15‑11‑203
Composition of the marital-property portion of the augmented estate
15‑11‑204
Decedent’s net probate estate
15‑11‑205
Decedent’s nonprobate transfers to others
15‑11‑206
Decedent’s nonprobate transfers to the surviving spouse
15‑11‑207
Surviving spouse’s property and nonprobate transfers to others
15‑11‑208
Exclusions, valuations, and overlapping application
15‑11‑209
Sources from which elective-share payable
15‑11‑210
Personal liability of recipients
15‑11‑211
Proceeding for elective-share - time limit
15‑11‑212
Right of election personal to surviving spouse - incapacitated surviving spouse
15‑11‑213
Waiver of right to elect and of other rights
15‑11‑214
Protection of payers and other third parties
15‑11‑301
Entitlement of spouse
15‑11‑302
Omitted children
15‑11‑401
Applicable law
15‑11‑402
Homestead
15‑11‑403
Exempt property
15‑11‑404
Family allowance
15‑11‑405
Source, determination, and documentation
15‑11‑501
Who may make a will
15‑11‑502
Execution - witnessed or notarized wills - holographic wills
15‑11‑503
Writings intended as wills
15‑11‑504
Self-proved will
15‑11‑505
Who may witness
15‑11‑506
Choice of law as to execution
15‑11‑507
Revocation by writing or by act
15‑11‑508
Revocation by change of circumstances
15‑11‑509
Revival of revoked will
15‑11‑510
Incorporation by reference
15‑11‑511
Testamentary additions to trusts
15‑11‑512
Events of independent significance
15‑11‑513
Separate writing or memorandum identifying devise of certain types of tangible personal property
15‑11‑514
Contracts concerning succession
15‑11‑515
Deposit of will with court in testator’s lifetime
15‑11‑516
Duty of custodian of will
15‑11‑517
Penalty clause for contest
15‑11‑601
Scope
15‑11‑602
Will may pass all property and after-acquired property
15‑11‑603
Antilapse
15‑11‑604
Failure of testamentary provision
15‑11‑605
Increase in securities
15‑11‑606
Nonademption of specified devises - unpaid proceeds of sale, condemnation, or insurance - sale by conservator or agent
15‑11‑607
Nonexoneration
15‑11‑609
Ademption by satisfaction
15‑11‑701
Scope
15‑11‑702
Requirement of survival by one hundred twenty hours
15‑11‑703
Choice of law as to meaning and effect of governing instrument
15‑11‑705
Class gifts construed to accord with intestate succession
15‑11‑706
Nonprobate transfers - deceased beneficiary
15‑11‑707
Survivorship with respect to future interests under terms of trust
15‑11‑708
Class gifts to “descendants”, “issue”, or “heirs of the body”
15‑11‑709
By representation
15‑11‑710
Worthier-title doctrine abolished
15‑11‑711
Interests in “heirs” and like
15‑11‑712
Simultaneous death
15‑11‑713
Construction of wills and trusts containing formula marital clauses
15‑11‑802
Effect of divorce, annulment, and decree of separation
15‑11‑803
Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
15‑11‑804
Revocation of probate and nonprobate transfers by divorce - no revocation by other changes of circumstances
15‑11‑805
Ownership of personal property between spouses
15‑11‑806
Reformation to correct mistakes
15‑11‑807
Modification to achieve transferor’s tax objectives
15‑11‑901
Honorary trusts
15‑11‑1001
Short title
15‑11‑1002
Definitions
15‑11‑1003
International wills - validity
15‑11‑1004
International wills - requirements
15‑11‑1005
International wills - other points of form
15‑11‑1006
Certificate that requirements for an international will have been met
15‑11‑1007
Effect of certificate
15‑11‑1008
Revocation
15‑11‑1009
Source and construction of this part
15‑11‑1010
Persons authorized to act in relation to international will - eligibility - recognition by authorizing agency
15‑11‑1011
Filing of international will - certificate and deposit of will
15‑11‑1101
Short title
15‑11‑1102.5
Statutory rule against perpetuities
15‑11‑1103
When nonvested property interest or power of appointment created
15‑11‑1104.5
Reformation
15‑11‑1105
Exclusions from statutory rule against perpetuities
15‑11‑1106
Prospective application
15‑11‑1106.5
Retroactive application of certain provisions - notice of election
15‑11‑1107
Uniformity of application and construction
15‑11‑1201
Short title
15‑11‑1202
Definitions
15‑11‑1203
Scope
15‑11‑1204
Part supplemented by other law
15‑11‑1205
Power to disclaim - general requirements - when irrevocable
15‑11‑1206
Disclaimer of interest in property
15‑11‑1207
Disclaimer of rights of survivorship in jointly held property
15‑11‑1208
Disclaimer of interest by trustee
15‑11‑1209
Disclaimer of power of appointment or other power not held in fiduciary capacity
15‑11‑1210
Disclaimer by appointee, object, or taker in default of exercise of power of appointment
15‑11‑1211
Disclaimer of power held in fiduciary capacity
15‑11‑1212
Delivery or filing
15‑11‑1213
When disclaimer barred or limited
15‑11‑1214
Tax-qualified disclaimer
15‑11‑1215
Filing or registering of disclaimer
15‑11‑1216
Application to existing relationships
15‑11‑1217
Uniformity of application and construction
15‑11‑1218
Severability
15‑11‑1301
Short title
15‑11‑1302
Definitions
15‑11‑1303
Law applicable to electronic wills - principles of equity
15‑11‑1304
Choice of law regarding execution
15‑11‑1305
Execution of electronic will
15‑11‑1306
Harmless error
15‑11‑1307
Revocation
15‑11‑1308
Electronic will attested and made self-proving at time of execution
15‑11‑1309
Certification of paper copy
15‑11‑1310
Uniformity of application and construction
15‑11‑1311
Application of part
Green check means up to date. Up to date

Current through Fall 2024

§ 15-11-121’s source at colorado​.gov