§ 19-4-106 — Assisted reproductive procedures

(1) If, with the consent of
another intended parent, an intended parent consents to become pregnant through
an assisted reproductive procedure, the intended parent who does not give birth is
treated in law as the natural parent of the child conceived. The consent of both the
intended parent who will give birth and the other intended parent must be in writing
and signed by each such party, except as provided in subsection (5) of this section.
This subsection (1) does not apply to a child conceived pursuant to a surrogacy
agreement pursuant to article 4.5 of this title 19.

(2) A donor is not a parent of a child conceived by means of an assisted
reproductive procedure.

(3) and (4) (Deleted by amendment, L. 2022.)

(5) Failure of the intended parent to sign a consent required by subsection (1)
of this section before or after the birth of the child does not preclude a finding that
the intended parent is the parent if the court finds by clear and convincing evidence
that, prior to the conception of the child, the parent who gave birth and the
intended parent had an oral agreement that both would be parents of the child and
that the child was conceived through an assisted reproductive procedure.

(6) (Deleted by amendment, L. 2022.)

(6.5) Notwithstanding any other provision of law to the contrary, genetic
tests may not be ordered and are not admissible to establish a donor as a parent, to
challenge the recognition of an intended parent who consented to the assisted
reproductive procedure as a parent, or to challenge a voluntary acknowledgment of
parentage that complies with section 19-4-105 where the child was conceived
through an assisted reproductive procedure, except to resolve a dispute regarding
whether the child was conceived through an assisted reproductive procedure.

(7) (a) If a marriage or civil union is dissolved before placement of eggs,
sperm, or embryos, the former spouse or civil union partner is not a parent of the
resulting child unless the former spouse or civil union partner consented in a record
that if the assisted reproductive procedure were to occur after a dissolution of
marriage or civil union, the former spouse or civil union partner would be a parent of
the child.

(b) The consent of a former spouse or civil union partner to assisted
reproduction may be withdrawn by that individual in a record given to the parent
who agreed to give birth to a child conceived by an assisted reproductive procedure
at any time before placement of eggs, sperm, or embryos.

(8) If a spouse or civil union partner dies before placement of eggs, sperm, or
embryos, the deceased spouse or civil union partner is not a parent of the resulting
child unless the deceased spouse or civil union partner consented in a record that if
assisted reproduction were to occur after death, the deceased spouse or civil union
partner would be a parent of the child.

(9) This section does not apply to the birth of a child conceived by means of
sexual intercourse.

(10) For purposes of this section, donor is defined in section 19-1-103.

Legislative History

Source: L. 87: Entire title R&RE, p. 794, � 1, effective October 1. L. 94: (1) amended, p. 2737, � 366, effective July 1. L. 2003: Entire section amended, p. 1269, � 60, effective July 1. L. 2008: (1) amended, p. 128, � 9, effective January 1, 2009. L. 2021: (10) amended, (SB 21-059), ch. 136, p. 734, � 82, effective October 1. L. 2022: Entire section amended, (HB 22-1153), ch. 210, p. 1392, � 5, effective August 10. L. 2024: (2) amended, (HB 24-1450), ch. 490, p. 3412, � 29, effective August 7.