State Bill Colorado

Amendments for HB22-1153

House Journal, February 23
1 HB22-1153 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 2, lines 12 and 13, strike "19-4-105 OR
6 19-4-106," and substitute "19-4-106, OR A CHILD HAS A PRESUMED PARENT
7 PURSUANT TO SECTION 19-4-105,".
8
9 Page 3, line 17, strike "CONCEIVED, BORN," and substitute "CONCEIVED OR
10 BORN;".
11
12 Page 3, strike line 18.
13
14 Page 3, strike line 22 and substitute "AS THE CHILD WAS CONCEIVED OR
15 BORN IN".
16
17 Page 3, strike line 25 and substitute "WAS CONCEIVED OR BORN IN
18 COLORADO.".
19
20 Page 4, after line 27 insert:
21 "(c) WHEN PARENTAGE IS PRESUMED OR LEGALLY RECOGNIZED
22 PURSUANT TO COLORADO LAW, FAILURE TO PETITION FOR ADOPTION
23 PURSUANT TO THIS SECTION MAY NOT BE CONSIDERED AS EVIDENCE WHEN
105 24 TWO OR MORE PRESUMPTIONS CONFLICT PURSUANT TO SECTION 19-4-
25 (2)(a), NOR IN DETERMINING THE BEST INTEREST OF THE CHILD.".
26
27

House Journal, February 25
53 Amendment No. 1, Public & Behavioral Health & Human Services
54 Report, dated February 22, 2022, and placed in member’s bill file; Report
55 also printed in House Journal, February 23, 2022.
56
1 As amended, ordered engrossed and placed on the Calendar for Third
2 Reading and Final Passage.
3

Senate Journal, March 24
After consideration on the merits, the Committee recommends that HB22-1153 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 5, line 12, strike "BIRTH" and substitute "BIRTH,
OR THE ADJUDICATED PARENT,".

Page 5, after line 13 insert:
"SECTION 2. In Colorado Revised Statutes, 19-4-105, amend (1)
introductory portion, (2)(b) introductory portion, and (2)(c); repeal (1)(e); and
add (2)(a.5) and (2)(d) as follows:
19-4-105. Presumption of parentage. (1) A man PERSON is presumed
to be the natural father PARENT of a child if:
(e) He acknowledges his paternity of the child in a writing filed with the
court or registrar of vital statistics, which shall promptly inform the mother of
the filing of the acknowledgment, and she does not dispute the acknowledgment
within a reasonable time after being informed thereof, in a writing filed with the
court or registrar of vital statistics, if such acknowledgment has not previously
become a legal finding pursuant to paragraph (b) of subsection (2) of this
section. If another man is presumed under this section to be the child's father,
acknowledgment may be effected only with the written consent of the presumed
father or after the presumption has been rebutted.
(2) (a.5) (I) A PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD
MAY SIGN A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE TO ESTABLISH THE
PARENTAGE OF THE CHILD. A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
MAY BE SIGNED BY A PARENT WHO GAVE BIRTH TO THE CHILD AND EITHER:
(A) ANOTHER PERSON WHO IS OR BELIEVES THEMSELVES TO BE A
GENETIC PARENT; OR
(B) ANOTHER PERSON WHO IS AN INTENDED PARENT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
(II) A MARRIED PERSON OR PERSON IN A CIVIL UNION WHO GIVES BIRTH
TO A CHILD MAY ONLY SIGN A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
WITH A PERSON WHO IS NOT THE MARRIED PERSON'S SPOUSE OR CIVIL UNION
PARTNER IF THE SPOUSE OR CIVIL UNION PARTNER SIGNS A DENIAL OF
PARENTAGE.
(b) A duly executed voluntary acknowledgment of paternity shall be
considered a legal finding of paternity PARENTAGE TAKES EFFECT ON THE FILING
OF THE DOCUMENT WITH THE STATE REGISTRAR OF VITAL STATISTICS AND MAY
BE RESCINDED on the earlier of:
(c) Except as otherwise provided in section 19-4-107.3, a legal finding
of paternity A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE may be
challenged in court only on the basis of fraud, duress, or mistake of material
fact, with the burden of proof upon the challenger. Any legal responsibilities
resulting from signing an A VOLUNTARY acknowledgment of paternity
PARENTAGE, including child support obligations, shall continue during any
challenge to the finding of paternity PARENTAGE, except for good cause shown.
(d) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (2)(b) AND (2)(c)
OF THIS SECTION, A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE THAT
COMPLIES WITH THIS SECTION AND SECTION 25-2-112, AND IS FILED WITH THE
STATE REGISTRAR OF VITAL STATISTICS, IS EQUIVALENT TO AN ADJUDICATION
OF PARENTAGE OF THE CHILD AND CONFERS ON THE ACKNOWLEDGED PARENT
ALL RIGHTS AND DUTIES OF A PARENT. THE COURT SHALL GIVE FULL FAITH AND
CREDIT TO A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE THAT IS
EFFECTIVE IN ANOTHER STATE, INCLUDING A FEDERALLY RECOGNIZED INDIAN
TRIBE, IF THE ACKNOWLEDGMENT WAS IN A SIGNED RECORD AND OTHERWISE
COMPLIES WITH THE LAWS OF THE OTHER STATE OR FEDERALLY RECOGNIZED
INDIAN TRIBE.
SECTION 3. In Colorado Revised Statutes, 14-5-316, amend (j) as
follows:
14-5-316. Special rules of evidence and procedure. (j) A voluntary
acknowledgment of paternity PARENTAGE, certified as a true copy, is admissible
to establish parentage of the child.
SECTION 4. In Colorado Revised Statutes, 25-2-112.7, amend (1)(a)
as follows:
25-2-112.7. Crime of misrepresentation of material information in
the preparation of a birth certificate - definitions. (1) As used in this
section, unless the context otherwise requires:
(a) "Birth parent" means a natural parent, by birth, of PARENT WHO
GAVE BIRTH TO a child born in this state. "Birth parent" also includes a
presumed father or putative father in accordance with the presumptions for
determination of paternity as set forth in section PERSON PRESUMED TO BE A
PARENT OR AN ALLEGED GENETIC PARENT IN ACCORDANCE WITH SECTIONS
19-4-105 AND 25-2-112 (3) or a putative father who is not married to the mother
who signs a voluntary acknowledgment of paternity PARENT WHO SIGNS A
VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE OR IS RECOGNIZED PURSUANT
TO SECTION 19-4-106.".

Renumber succeeding section accordingly.

Health &
Human
Services

Senate Journal, March 31
HB22-1153 by Representative(s) Tipper and Esgar; also Senator(s) Bridges and Moreno--Concerning
affirming parentage by adoption for a person who did not give birth when the child is
conceived as a result of assisted reproduction.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 24, page(s) 491-492 and placed in members' bill files.)

Amendment No. 2(L.004), by Senator Moreno.

Amend the Health and Human Services Committee Report, dated March 23,
2022, page 1, strike lines 4 through 26.

Page 2, strike lines 1 through 30 and substitute:
""SECTION 2. In Colorado Revised Statutes, 19-1-103, amend (61)
as follows:
19-1-103. Definitions. As used in this title 19 or in the specified
portion of this title 19, unless the context otherwise requires:
(61) "Donor", as used in section 19-4-106 ARTICLE 4 OF THIS TITLE 19,
means an individual who produces eggs or sperm used for AN assisted
reproduction REPRODUCTIVE PROCEDURE, whether or not for consideration.
"Donor" does not include a spouse who provides sperm or eggs to be used for
assisted reproduction by the other spouse AN INTENDED PARENT PURSUANT TO
SECTION 19-4-106 (1) OR (5) OR SECTION 19-4.5-109 OR A SPOUSE OR CIVIL
UNION PARTNER WHO PROVIDES REPRODUCTIVE TISSUE TO BE USED FOR AN
ASSISTED REPRODUCTIVE PROCEDURE BY THE OTHER SPOUSE OR CIVIL UNION
PARTNER.
SECTION 3. In Colorado Revised Statutes, add 19-4-102.5 as follows:
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 ARTICLE 4 OF THIS TITLE 19, 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.
SECTION 4. In Colorado Revised Statutes, amend 19-4-105 and
19-4-106 as follows:
19-4-105. Presumption of paternity. (1) A man PERSON is presumed
to be the natural father PARENT of a child if:
(a) He and the child's natural mother THE PERSON AND THE PARENT
WHO GAVE BIRTH TO THE CHILD are or have been married to each other OR ARE
IN A CIVIL UNION PURSUANT TO ARTICLE 15 OF TITLE 14, and the child is born
during the marriage OR CIVIL UNION, within three hundred days after the
marriage OR CIVIL UNION is terminated by death, annulment, declaration of
invalidity of marriage OR CIVIL UNION, dissolution of marriage OR CIVIL UNION,
or divorce, or after a decree of legal separation is entered by a court;
(b) Before the child's birth, he and the child's natural mother THE
PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD have attempted to
marry each other by a marriage solemnized in apparent compliance with law OR
ATTEMPTED TO ENTER INTO A CIVIL UNION IN APPARENT COMPLIANCE WITH
LAW, although the attempted marriage OR CIVIL UNION is or could be declared
invalid, and:
(I) If the attempted marriage OR CIVIL UNION could be declared invalid
only by a court, the child is born during the attempted marriage OR CIVIL UNION
or within three hundred days after its termination by death, annulment,
declaration of invalidity of marriage OR CIVIL UNION, dissolution of marriage OR
CIVIL UNION, or divorce; or
(II) If the attempted marriage OR CIVIL UNION is invalid without a court
order, the child is born within three hundred days after the termination of
cohabitation;
(c) After the child's birth, he and the child's natural mother THE PERSON
AND THE PARENT WHO GAVE BIRTH TO THE CHILD have married OR ENTERED
INTO A CIVIL UNION, or attempted to marry each other by a marriage solemnized
in apparent compliance with law OR ENTER INTO A CIVIL UNION IN APPARENT
COMPLIANCE WITH LAW, although the attempted marriage OR CIVIL UNION is or
could be declared invalid, and:
(I) He has acknowledged his paternity THE PERSON HAS ASSERTED
PARENTAGE of the child in writing filed with the court or registrar of vital
statistics, if such acknowledgment has not previously become a legal finding
pursuant to paragraph (b) of subsection (2) SUBSECTION (2)(a.5) of this section;
(II) With his consent, he THE PERSON'S CONSENT, THE PERSON is named
as the child's father PARENT on the child's birth certificate; or
(III) He THE PERSON is obligated to support the child under a written
voluntary promise or by court order or by an administrative order issued
pursuant to section 26-13.5-110; C.R.S.;
(d) While the child is under the age of majority, he THE PERSON receives
the child into his THE PERSON'S home and openly holds out the child as his THE
PERSON'S natural child;
(e) He acknowledges his paternity of the child in a writing filed with the
court or registrar of vital statistics, which shall promptly inform the mother of
the filing of the acknowledgment, and she does not dispute the acknowledgment
within a reasonable time after being informed thereof, in a writing filed with the
court or registrar of vital statistics, if such acknowledgment has not previously
become a legal finding pursuant to paragraph (b) of subsection (2) of this
section. If another man is presumed under this section to be the child's father,
acknowledgment may be effected only with the written consent of the presumed
father or after the presumption has been rebutted.
(f) The genetic tests or other tests of inherited characteristics have been
administered as provided in PURSUANT TO section 13-25-126, C.R.S., and the
results show that the alleged father GENETIC PARENT is not excluded as the
probable father GENETIC PARENT and that the probability of his THE PERSON'S
GENETIC parentage is ninety-seven percent or higher. THIS SUBSECTION (3)(f)
DOES NOT APPLY TO A DONOR AS DEFINED IN SECTION 19-1-103.
(2) (a) A presumption under this section OF PARENTAGE PURSUANT TO
SUBSECTION (1) OF THIS SECTION may be rebutted in an appropriate action only
by clear and convincing evidence. If two or more CONFLICTING presumptions
arise, which conflict with each other, the presumption which THAT, on the facts,
is founded on the weightier considerations of policy and logic controls. The
presumption is rebutted by a court decree establishing paternity PARENTAGE of
the child by another man PERSON OTHER THAN THE PARENT WHO GAVE BIRTH.
In determining which of two or more conflicting presumptions should control
CONTROLS, based upon the weightier considerations of policy and logic, the
judge or magistrate shall consider all pertinent factors, including but not limited
to the following:
(I) The length of time between the proceeding to determine parentage
and the time that the presumed father PARENT was placed on notice that he THE
PRESUMED PARENT might not be the genetic father PARENT, UNLESS THE CHILD
WAS CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE;
(II) The length of time during which the presumed father PARENT has
assumed the role of father of the child THE CHILD'S PARENT;
(III) The facts surrounding the presumed father's PARENT'S discovery
of his possible nonpaternity THE POSSIBILITY THAT THE PRESUMED PARENT WAS
NOT A GENETIC PARENT, UNLESS THE CHILD WAS CONCEIVED THROUGH AN
ASSISTED REPRODUCTIVE PROCEDURE;
(IV) The nature of the father-child EXISTING PARENT-CHILD
relationship;
(V) The CHILD'S age; of the child;
(VI) The CHILD'S relationship of the child to any presumed father or
fathers; TO ANY PRESUMED PARENT OR PARENTS;
(VII) The extent to which the passage of time reduces the chances of
establishing the paternity of another man ANOTHER PERSON'S PARENTAGE and
a child support obligation in favor of the child; and
(VIII) Any other factors that may affect the equities arising from the
disruption of the father-child PARENT-CHILD relationship between the child and
the presumed father or fathers PARENT OR PARENTS or the chance of other harm
to the child.
(a.5) (I) A PERSON AND THE PARENT WHO GAVE BIRTH TO THE CHILD
MAY SIGN A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE TO ESTABLISH THE
PARENTAGE OF THE CHILD. A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
MAY BE SIGNED BY A PARENT WHO GAVE BIRTH TO THE CHILD AND EITHER:
(A) ANOTHER PERSON WHO IS OR BELIEVES THEMSELVES TO BE A
GENETIC PARENT; OR
(B) ANOTHER PERSON WHO IS AN INTENDED PARENT OF A CHILD
CONCEIVED THROUGH AN ASSISTED REPRODUCTIVE PROCEDURE.
(II) A MARRIED PERSON OR PERSON IN A CIVIL UNION WHO GIVES BIRTH
TO A CHILD MAY ONLY SIGN A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
WITH A PERSON WHO IS NOT THE MARRIED PERSON'S SPOUSE OR CIVIL UNION
PARTNER IF THE SPOUSE OR CIVIL UNION PARTNER SIGNS A DENIAL OF
PARENTAGE.
(b) A duly executed voluntary acknowledgment of paternity shall be
considered a legal finding of paternity PARENTAGE TAKES EFFECT UPON THE
FILING OF THE DOCUMENT WITH THE STATE REGISTRAR OF VITAL STATISTICS
AND MAY BE RESCINDED on the earlier of:
(I) Sixty days after execution of such acknowledgment; or
(II) On the date of any administrative or judicial proceeding pursuant
to this article or any administrative or judicial proceeding concerning the
support of a child to which the signatory is a party.
(c) Except as otherwise provided in section 19-4-107.3, a legal finding
of paternity AN ACKNOWLEDGMENT OF PARENTAGE may be challenged in court
only on the basis of fraud, duress, or mistake of material fact, with the burden
of proof upon the challenger. Any legal responsibilities resulting from signing
an acknowledgment of paternity PARENTAGE, including child support
obligations, shall continue CONTINUE during any challenge to the finding of
paternity PARENTAGE, except for good cause shown.
(d) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (2)(b) AND (2)(c)
OF THIS SECTION, A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE THAT
COMPLIES WITH THIS SECTION AND SECTION 25-2-112, AND IS FILED WITH THE
STATE REGISTRAR OF VITAL STATISTICS, IS EQUIVALENT TO AN ADJUDICATION
OF PARENTAGE OF THE CHILD AND CONFERS ON THE ACKNOWLEDGED PARENT
ALL RIGHTS AND DUTIES OF A PARENT. THE COURT SHALL GIVE FULL FAITH AND
CREDIT TO A VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE THAT IS
EFFECTIVE IN ANOTHER STATE, INCLUDING A FEDERALLY RECOGNIZED INDIAN
TRIBE, IF THE ACKNOWLEDGMENT WAS IN A SIGNED RECORD AND OTHERWISE
COMPLIES WITH THE LAWS OF THE OTHER STATE OR FEDERALLY RECOGNIZED
INDIAN TRIBE.
19-4-106. Assisted reproductive procedures. (1) If, under the
supervision of a licensed physician or advanced practice nurse and with the
consent of her husband, a wife consents to assisted reproduction with sperm
donated by a man not her husband, the husband is treated in law as if he were
the natural father of a child thereby conceived. If, under the supervision of a
licensed physician or advanced practice nurse and with the consent of her
husband, a wife consents to assisted reproduction with an egg donated by
another woman, to conceive a child for herself, not as a surrogate, the wife is
treated in law as if she were the natural mother of a child thereby conceived.
Both the husband's and the wife's consent must be in writing and signed by each
of them. The physician or advanced practice nurse shall certify their signatures
and the date of the assisted reproduction and shall file the consents with the
department of public health and environment, where they shall be kept
confidential and in a sealed file; however, the physician's failure to do so does
not affect the father and child relationship or the mother and child relationship.
All papers and records pertaining to the assisted reproduction, whether part of
the permanent record of a court or of a file held by the supervising physician or
advanced practice nurse or elsewhere, are subject to inspection only upon an
order of the court for good cause shown. 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
reproduction REPRODUCTIVE PROCEDURE, except as provided in subsection (3)
of this section.
(3) If a husband provides sperm for, or consents to, assisted
reproduction by his wife as provided in subsection (1) of this section, he is the
father of the resulting child.
(4) The requirement for consent set forth in subsection (1) of this
section does not apply to the donation of eggs by a married woman for assisted
reproduction by another woman or to the donation of sperm by a married man
for assisted reproduction by a woman who is not his wife.
(5) Failure of the husband 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 husband is the father of a child born to his wife
pursuant to section 19-4-105 (2)(a) 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 GIVES 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) If there is no signed consent form, the nonexistence of the
father-child relationship shall be determined pursuant to section 19-4-107
(1)(b).
(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) (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 assisted reproduction 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.".

Renumber succeeding sections accordingly.".

Page 2 of the report, after line 35 insert:
"SECTION 6. In Colorado Revised Statutes, 25-2-112, amend (3.5)
as follows:
25-2-112. Certificates of birth - filing - establishment of paternity
- notice to collegeinvest. (3.5) Upon the birth of a child to an unmarried
woman PERSON in an institution, the person in charge of the institution or that
person's designated representative shall provide an opportunity for the child's
mother and natural father PERSON WHO GAVE BIRTH AND THE PERSON SEEKING
TO ACKNOWLEDGE PARENTAGE PURSUANT TO SECTION 19-4-105 to complete a
written acknowledgment of paternity PARENTAGE on the form prescribed and
furnished by the state registrar.

Renumber succeeding sections accordingly.".

As amended, ordered revised and placed on the calendar for third reading and final
passage.

Senate Journal, April 1
HB22-1153 by Representative(s) Tipper and Esgar; also Senator(s) Bridges and Moreno--Concerning
affirming parentage by adoption for a person who did not give birth when the child is
conceived as a result of assisted reproduction.

A majority of those elected to the Senate having voted in the affirmative, Senator Bridges
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.005), by Senator Moreno.

Amend revised bill, page 2, line 4, after "adoption - " insert "short title - ".

Page 5, after line 13 insert:
"(7) THE SHORT TITLE OF THIS SECTION IS "MARLO'S LAW.".

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson E
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson E
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y