Affirm Parentage Adoption In Assisted Reproduction
Concerning affirming parentage by adoption for a person who did not give birth when the child is conceived as a result of assisted reproduction.
2022 Regular Session
Children & Domestic MattersBILL SUMMARY
Whenever a child is conceived or born as a result of an assisted reproduction procedure (procedure) and the person who did not give birth is a parent or a presumed parent, the act allows the parents to complete an adoption of the child to affirm parentage. In such an instance, both parents must join the adoption petition as petitioners.
The act details what must be included on a form for adoption or a voluntary acknowledgment of parentage to acknowledge parentage of the child, as well as jurisdictional requirements and options. The act clarifies the requirements for parentage when a child is conceived through a procedure, including that the donor of gametes used in the procedure is not considered a parent, unless the gamete donor is a spouse or civil union partner of the person who gives birth to the child.
(Note: This summary applies to this bill as enacted.)
In Colorado and across the country, a person must adopt their own child if and when their partner has given birth using assisted reproduction. This has meant home visits from government officials for these couples, court appearances, piles of paperwork and expensive legal fees. This new Colorado law clears existing hurdles for couples who become parents through assisted reproduction.
The new law, now named Marlo’s Law, removes the baseline requirement for home visits, fingerprinting or criminal record searches, and in-person court hearings. Among other changes, the law requires that affected parents file a petition containing basic information, including a child’s birth certificate, and that the court certify proper petitions within 30 days.
This streamlined process for parents will do away with some of the burdensome steps required for certain types of adoptions. HB-1153 is a “simple update to what is in statute currently to acknowledge the different ways that parents are having kids and acknowledge some pretty onerous government barriers that were developed for different processes.”