Legal Memorandum: Provisions of Uniform Parentage Act in CO

Issue: Can parentage be established in Colorado for the child of a U.S. Citizen and an alien?

Colorado has adopted the Uniform Parentage Act.  Its provisions can be found at Colo. Rev. Stat. §§ 19-4-101 et seq.  Relevant provisions can be summarized as follows:

§     Colo. Rev. Stat. § 19-4-104.  How a parent and child relationship established.  This section merely states that the other provisions of the act instruct on how to establish paternity between a child and putative father.

§     Colo. Rev. Stat. § 19-4-105.  Presumption of paternity.  A presumption of paternity arises in a variety of circumstances.  Under the facts as I understand them, sections (1)(e) and (f) are the most relevant.  Under section (1)(e), if the father acknowledges paternity “in a writing filed with the court or registrar of vital statistics,” a presumption is established.  Alternatively, under section (1)(f), genetic testing with a 97% (or higher) probability of parentage establishes the presumption.  In either case, section (2) provides an opportunity for the putative father to rebut the presumption with clear and convincing evidence.

§     Colo. Rev. Stat. § 19-4-107.  Determination of father and child relationship – who may bring action – when action may be brought.  If a presumption of paternity has been established, this section allows any interested party to bring an action to establish a father-and-child relationship.  (See § 19-4-107(2)).  If no presumption has been established, section (3) allows the mother or the child (among others) to bring the action.

§     Colo. Rev. Stat. § 19-4-108.  Statute of limitations.  […]

12.0pt;margin-left:1.5in;text-align:justify;text-indent:-.5in;line-height:normal; mso-list:l0 level1 lfo4’>