How do I establish paternity in Colorado?

Colorado paternity law is governed by the Uniform Parentage Act, codified at C.R.S. Title 19, Article 4, and the Colorado Children's Code.

1. Acknowledgment of Parentage

Form provided by the Vital Records Section of CDPHE is signed by both parents at the hospital or later through a local CSS office, witnessed by a notary, and filed with CDPHE. Under C.R.S. § 19-4-105(2) a properly executed acknowledgment "is equivalent to a determination of parentage of a child and confers upon the acknowledged parent all of the rights and duties of a parent." Either signatory may rescind within 60 days or before any administrative or judicial proceeding to establish support. After 60 days, challenges require fraud, duress, or material mistake of fact, generally within 2 years.

2. Court-Ordered Paternity

A parentage action under C.R.S. § 19-4-107 may be filed by the child, mother, alleged father, an agency providing public assistance, or a representative in the district court or juvenile court. Under C.R.S. § 13-25-126 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion of any party; a 97% probability creates a rebuttable presumption (§ 13-25-126(1)(e)(II)).

3. Presumption of Parentage

Under C.R.S. § 19-4-105(1) a person is presumed a parent if married to the mother at birth or within 300 days before, married after birth and acknowledged parentage, or received the child into the home and openly held the child out as their natural child. The presumption may be rebutted by clear and convincing evidence (§ 19-4-105(2)).

4. Effects of Establishing Parentage

Triggers child-support liability under C.R.S. § 14-10-115, opens allocation of parental responsibilities under § 14-10-124, vests intestate inheritance under § 15-11-114, and supports a birth-certificate amendment via the CDPHE Vital Records Section.

5. Special Situations

Same-sex spouses are presumed parents under § 19-4-105(1)(a) post-Obergefell. Colorado has codified surrogacy in the Colorado Surrogacy Agreement Act, C.R.S. § 19-4.5-101 et seq. (2022). Donor non-parentage is recognized under § 19-4-106. De facto and psychological parentage may be recognized in best-interests analysis.

This is legal information, not legal advice.