Colorado
PRE BIRTH OR POST BIRTH ORDER
Pre-birth
Process begins at week 14 of the pregnancy. Once the case is filed, the issuance of the judgment will take approximately 5-10 days.
Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
|
One Bio Connection |
√ |
√ |
√ |
√ |
√ |
Two Bio Connections |
√ |
√ |
√ |
√ |
|
No Bio Connections |
√ |
√ |
√ |
√ |
√ |
Acceptance of California Pre-birth order
Yes
Due to the ease and cost, it is more efficient to use Of Counsel.
Birth Certificates
Timing - Varies by county, but the typical time frame is 1-2 weeks. Requests through www.vitalchek.com typically take longer than through the vital records office.
Title - Parents can choose to be listed as father, parent, or mother.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
statutes / case law
Gestational Surrogacy is permitted as there is no statute or case law prohibiting it.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, Colorado Revised Statutes §19-4-106 applies to both sperm and egg donation used in assisted conception by a husband and wife.
Venue
The parties can consent to venue.
Do results vary by venue? No.
Are motions to waive venue accepted? Yes.
Electronic signatures / e-notarizaTIONS
Unknown.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? Yes, as long as Pre-birth Order from a Colorado court is obtained and the Pre-birth Order requests the court retain jurisdiction over the child.
Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? No.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? Yes, the couple must either be married or registered domestic partners.
of counsel
Barbara Lavender
Barbara Lavender, P.C.
1709 Pine Street, #3
Boulder, CO 80302
(303) 443-3326