Paternity Procedure and Assisted Reproduction in Colorado Springs, Colorado

Are you involved in a Colorado paternity proceeding? An experienced Colorado Springs, Colorado divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

There is a required process to follow to establish paternity. The juvenile court has jurisdiction over paternity actions. C.R.S. § 19-4-109(1). However, a paternity action can occur in domestic relations court if there is a corresponding action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or child support. Venue is located in any county where the child or alleged father resides or is found, or in any county where public assistance was or is being paid on behalf of the child. C.R.S. § 19-4-109(3).

The process to establish paternity is initiated by service of a petition and summons to the putative parent. C.R.C.P. 4, C.R.S. § 19-4- 109(2). The courts have jurisdiction over any person who engages in an act of sexual intercourse in the state as related to a child who may have been conceived by that act of intercourse. C.R.S. § 19-4-109(2). The Office of Child Support Enforcement can also establish paternity through an administrative process if paternity is not contested. C.R.S. § 19-4-109(1).

There are various scenarios regarding paternity for parties having children through assisted reproduction. First, if a wife consents to assisted reproduction with semen donated by a man who is not her husband and her husband consents, then her husband legally becomes the father of the child. Another scenario is if a wife consents to assisted reproduction with an egg donated by another woman and her husband consents, the wife legally becomes the mother of the child. Consents must be in writing signed by both husband and wife. C.R.S. § 19-4-106(1). However, if a semen donor and an unmarried woman agree that the donor will have parental rights then the donor will legally become the father of the child. In the Interest of R.C., 775 P.2d 27 (Colo. 1989). Assisted reproduction is a private matter and all records related to it are sealed. C.R.S. § 19-4-106(1).

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.