C.R.S. Section 19-4-106
Assisted reproductive procedures

(1)

If, with the consent of another intended parent, an intended parent consents to become pregnant through an assisted reproductive procedure, the intended parent who does not give birth is treated in law as the natural parent of the child conceived. The consent of both the intended parent who will give birth and the other intended parent must be in writing and signed by each such party, except as provided in subsection (5) of this section. This subsection (1) does not apply to a child conceived pursuant to a surrogacy agreement pursuant to article 4.5 of this title 19.

(2)

A donor is not a parent of a child conceived by means of an assisted reproductive procedure, except as provided in subsection (3) of this section.

(3)

and (4)(Deleted by amendment, L. 2022.)(5) Failure of the intended parent to sign a consent required by subsection (1) of this section before or after the birth of the child does not preclude a finding that the intended parent is the parent if the court finds by clear and convincing evidence that, prior to the conception of the child, the parent who 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.
(6)(Deleted by amendment, L. 2022.)(6.5) Notwithstanding any other provision of law to the contrary, genetic tests may not be ordered and are not admissible to establish a donor as a parent, to challenge the recognition of an intended parent who consented to the assisted reproductive procedure as a parent, or to challenge a voluntary acknowledgment of parentage that complies with section 19-4-105 where the child was conceived through an assisted reproductive procedure, except to resolve a dispute regarding whether the child was conceived through an assisted reproductive procedure.

(7)

Intentionally left blank —Ed.

(a)

If a marriage or civil union is dissolved before placement of eggs, sperm, or embryos, the former spouse or civil union partner is not a parent of the resulting child unless the former spouse or civil union partner consented in a record that if the assisted reproductive procedure were to occur after a dissolution of marriage or civil union, the former spouse or civil union partner would be a parent of the child.

(b)

The consent of a former spouse or civil union partner to assisted reproduction may be withdrawn by that individual in a record given to the parent who agreed to give birth to a child conceived by an assisted reproductive procedure at any time before placement of eggs, sperm, or embryos.

(8)

If a spouse or civil union partner dies before placement of eggs, sperm, or embryos, the deceased spouse or civil union partner is not a parent of the resulting child unless the deceased spouse or civil union partner consented in a record that if assisted reproduction were to occur after death, the deceased spouse or civil union partner would be a parent of the child.

(9)

This section does not apply to the birth of a child conceived by means of sexual intercourse.

(10)

For purposes of this section, “donor” is defined in section 19-1-103.

Source: Section 19-4-106 — Assisted reproductive procedures, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑4‑101
Short title 19‑4‑102
Parent and child relationship defined 19‑4‑102.5
Terms defined 19‑4‑103
Relationship not dependent on marriage 19‑4‑104
How parent and child relationship established 19‑4‑105
Presumption of paternity 19‑4‑105.5
Commencement of proceedings - summons - automatic temporary injunction - enforcement 19‑4‑105.6
Amendment of proceedings - adding children 19‑4‑106
Assisted reproductive procedures 19‑4‑107
Determination of father and child relationship - who may bring action - when action may be brought 19‑4‑107.3
When determination of parentage is final - modifications - exceptions 19‑4‑107.5
Required notice of prior civil protection orders to prevent domestic abuse - determination of parent and child relationship 19‑4‑108
Statute of limitations 19‑4‑109
Jurisdiction - venue 19‑4‑110
Parties 19‑4‑111
Pretrial proceedings 19‑4‑112
Genetic or other tests - administrative subpoena to compel genetic testing 19‑4‑113
Evidence relating to paternity 19‑4‑114
Pretrial recommendations - temporary orders 19‑4‑115
Civil action 19‑4‑116
Judgment or order - birth-related costs - evidence 19‑4‑117
Costs 19‑4‑118
Enforcement of judgment or order 19‑4‑119
Modification of judgment or order 19‑4‑120
Represented by counsel 19‑4‑122
Action to declare mother and child relationship 19‑4‑123
Promise to render support 19‑4‑124
Birth records 19‑4‑125
“Father” defined 19‑4‑126
Uniformity of application and construction 19‑4‑127
Severability 19‑4‑128
Right to trial to court 19‑4‑129
Child support - guidelines - schedule of basic support obligations 19‑4‑130
Temporary orders for allocation of parental responsibilities
Green check means up to date. Up to date

Current through Fall 2024

§ 19-4-106’s source at colorado​.gov