Issue: Can parentage be established in Colorado for the child of a U.S. Citizen and an alien?
|Area of Law:||Family Law|
|Keywords:||Presumption of paternity; Father-and-child relationship; Parentage|
|Cited Statutes:||Colo. Rev. Stat. §§ 19-4-101 et seq., § 19-4-104, § 19-4-105, § 19-4-107, § 19-4-108, § 19-4-109, § 19-4-112, § 19-4-113|
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. […]
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