ARTICLE 4
| Jurisdiction | Colorado |
Editor's note: This title was repealed and reenacted in 1987. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.
Law reviews: For article, "Paternity Testing in the Age of DNA", see 19 Colo. Law. 2061 (1990); for article, "In Vitro Fertilization and Surrogacy: Following the Intent of the Parties", see 24 Colo. Law. 1535 (1995); for article, "Who's Their Daddy: Navigating Allocation of Parental Responsibilities and Paternity Actions", see 45 Colo. Law. 29 (May 2016); for comment, "Two Legal Mothers: Cementing Parental Rights for Lesbian Parents in Colorado", see 91 U. Colo. L. Rev. 1247 (2020).
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.
19-4-105.7. Stay of paternity proceedings - criminal charges of allegations of sexual assault. (Repealed)
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.
19-4-121. Hearings and records - confidentiality. (Repealed)
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.
■ 19-4-101. Short title. This article shall be known and may be cited as the "Uniform Parentage Act".
Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-101 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Law reviews. For comment, "Bastardizing the Legitimate Child: The Colorado Supreme Court Invalidates the Uniform Parentage Act Presumption of Legitimacy in R.McG. v. J.W.", see 59 Den. L.J. 157 (1981).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
One basic purpose of this article is the establishment of the parent-child relationship, and another is the protection of that relationship. R. McG. v. J.W., 200 Colo. 345, 615 P.2d 666 (1980).
No provision for father not married to married natural mother to establish paternity. This article makes no provision for a male claiming to be the natural father of a child to bring an action to establish his paternity under circumstances where he was not married to the natural mother and the child was born to the natural mother during her marriage to another. R. McG. v. J.W., 200 Colo. 345, 615 P.2d 666 (1980).
And denial of standing unconstitutional. The juvenile court's construction of this article denying a claiming natural father not married to the natural mother statutory capacity or standing to commence a paternity action in connection with a child born to the natural mother during her marriage to another in order to establish that he was the natural father of the child violated equal protection of the laws under the fourteenth amendment to the United States constitution, § 25 of art. II, Colo. Const., and the equal rights amendment to the Colorado constitution, § 29 of art. II, Colo. Const. R. McG. v. J.W., 200 Colo. 345, 615 P.2d 666 (1980).
Test for in personam jurisdiction over child. The test to be applied in determining whether a court has in personam jurisdiction over a child in a paternity action is whether the child has certain minimum contacts so that "the maintenance of the suit does not offend traditional notions of fair play and substantial justice". Smith v. Casey, 198 Colo. 433, 601 P.2d 632 (1979).
■ 19-4-102. Parent and child relationship defined. As used in this article, "parent and child relationship" means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. "Parent and child relationship" includes the mother and child relationship and the father and child relationship.
Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-102 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Law reviews. For comment, "Bastardizing the Legitimate Child: The Colorado Supreme Court Invalidates the Uniform Parentage Act Presumption of Legitimacy in R. McG. v. J.W.", see 59 Den. L.J. 157 (1981). For comment, "The Unwed Father's Parental Rights and Obligations After S.P.B.: A Retreat in Constitutional Protection", see 60 Den. L.J. 659 (1983).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
One basic purpose of this article is the establishment of the parent-child relationship, and another is the protection of that relationship. R. McG. v. J.W., 200 Colo. 345, 615 P.2d 666 (1980).
The definition of a "parent and child relationship" applies to a parent and child relationship once it has been declared and clarifies that it is the legal equivalent of the traditional relationships recognized between children and their adoptive or natural parents. A presumed father's admission that he is not the biological parent does not necessarily rebut the presumption of fatherhood that arises by receiving the child into his home and openly holding that child out as his natural child when no judgment has been entered that establishes the paternity of another man. In re A.D., 240 P.3d 488 (Colo. App. 2010).
Applied in People in Interest of S.P.B., 651 P.2d 1213 (Colo. 1982).
■ 19-4-102.5. Terms defined. (1) Any reference in the statutes, administrative rules, court rules, government policies, common law, and any other provision or source of law in this state to an "acknowledgment of paternity" means an "acknowledgment of parentage", as described in this section.
(2) Unless the context otherwise requires, any reference in this title 19 to "father" includes a parent of any gender, any reference to "mother" includes a parent of any gender, and any reference to "paternity" is equally applicable to "parentage".
(3) Unless the context otherwise requires, as used in this title 19, "natural parent" means a nonadoptive parent established pursuant to this article 4, whether or not biologically related to the child.
(4) Any reference in the statutes, administrative rules, court rules, government policies, common law, and any other provision or source of law in this state to "spouse", "husband", or "wife", or to the plurals of such terms, are equally applicable to a civil union partner. Any reference to "marriage", "marital union", "marital status", "married", "unmarried", "wedlock", or any similar term is equally applicable to the status of being in a civil union or not in a civil union.
Source: L. 2022: Entire section added, (HB 22-1153), ch. 210, p. 1389, § 3, effective August 10.
■ 19-4-103. Relationship not dependent on marriage. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
Source: L. 87: Entire title R&RE, p. 793, § 1, effective October 1.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-103 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
Law reviews. For comment, "Bastardizing the Legitimate Child: The Colorado Supreme Court Invalidates the Uniform Parentage Act Presumption of Legitimacy in R. McG. v. J.W.", see 59 Den. L.J. 157 (1981). For comment, "The Unwed Father's Parental Rights and Obligations After S.P.B.: A Retreat in Constitutional Protection", see 60 Den. L.J. 659 (1983).
Annotator's note. The following annotations include cases decided under former provisions similar to this section.
One basic purpose of this article is the establishment of the parent-child relationship, and another is the protection of that relationship. R. McG. v. J.W., 200 Colo. 345, 615 P.2d 666 (1980).
Applied in People in Interest of S.P.B., 651 P.2d 1213 (Colo. 1982).
■ 19-4-104. How parent and child relationship established. The parent and child relationship may be established between a child and the natural mother by proof of her having given birth to the child or by any other proof specified in this article, between a child and the natural father pursuant to the provisions of this article, or between...
To continue reading
Request your trial