2018 Colorado Revised Statutes
Title 14 - Domestic Matters
Civil Union
Article 15 - Colorado Civil Union Act
§ 14-15-107. Rights, benefits, protections, duties, obligations, responsibilities, and other incidents of parties to a civil union

(1) A party to a civil union has the rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law as are granted to or imposed upon spouses, whether those rights, benefits, protections, duties, obligations, responsibilities, and other incidents derive from statute, administrative or court rule, policy, common law, or any other source of law.

(2) A party to a civil union is included in any definition or use of the terms "dependent", "family", "heir", "immediate family", "next of kin", "spouse", and any other term that denotes the familial or spousal relationship, as those terms are used throughout the Colorado Revised Statutes.

(3) Parties to a civil union are responsible for the financial support of one another in the manner prescribed under law for spouses.

(4) The law of domestic relations, including but not limited to declaration of invalidity, legal separation, dissolution, child custody, allocation of parental responsibilities, parenting time, child support, property division, maintenance, and award of attorney fees, applies to civil unions.

(5) Rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law as are granted to or imposed upon spouses, that apply in like manner to parties to a civil union under this section, include but are not limited to:

• (a) Laws relating to title, survivorship, or other incidents of or presumptions with respect to the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property;

• (b) Causes of action related to or dependent upon spousal status, including an action based on wrongful death, emotional distress, loss of consortium, dramshop laws, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;

• (c) Prohibitions against discrimination based upon spousal status, including but not limited to the provisions of parts 3 to 7 of article 34 of title 24, C.R.S.;

• (d) Title 15, C.R.S., including but not limited to matters concerning decedents' estates, wills, trusts, intestate succession, nonprobate transfers, wards, protected persons, and priority for appointment as a conservator, guardian, or personal representative;

• (e) Workers' compensation benefits;

• (f) The right of a partner in a civil union to be treated as a family member or as a spouse under the "Colorado Employment Security Act" for purposes of unemployment benefits;

• (g) Adoption law and procedure;

• (h) Group benefit plans for state employees pursuant to part 6 of article 50 of title 24, C.R.S.;

• (i) The right to designate a party to a civil union as a beneficiary under the state public employees' retirement system;

• (j) Survivor benefits under local government firefighter and police pensions;

• (k) Domestic abuse programs pursuant to article 7.5 of title 26, C.R.S., emergency protection orders pursuant to section 13-14-103, C.R.S., and the right to receive the protections and programs specified in part 8 of article 6 of title 18, C.R.S.;

• (l) Rights to apply for compensation as a relative of a victim under the "Colorado Crime Victim Compensation Act", pursuant to part 1 of article 4.1 of title 24, C.R.S., rights to receive restitution under part 2 of article 4.1 of title 24, C.R.S., and the right to be informed of critical stages of the criminal justice process and to be accorded the rights and protections of victims of and witnesses to crimes under parts 2 and 3 of article 4.1 of title 24, C.R.S.;

• (m) Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation and notification, including the rights of nursing home patients described in section 25-1-120, C.R.S.;

• (n) Laws or rules regarding the right to visit a partner who is in a correctional facility, as defined in section 17-1-102 (1.7), a local jail, as defined in section 17-1-102 (7), or a private contract prison, as defined in section 17-1-102 (7.3), or who is receiving treatment in a public hospital or a licensed private hospital, clinic, community mental health center or clinic, or acute treatment unit or institution that provides treatment for a person with a behavioral or mental health disorder;

• (o) Laws relating to:

  • (I) Declarations concerning the administration, withholding, or withdrawing of medical treatment, which declarations are made pursuant to the provisions of the "Colorado Medical Treatment Decision Act", article 18 of title 15, C.R.S.;

  • (II) Proxy decision-makers for medical treatment and surrogate decision-makers for health care benefit decisions, as described in article 18.5 of title 15, C.R.S.;

  • (III) Directives relating to cardiopulmonary resuscitation, as described in article 18.6 of title 15, C.R.S.; and

  • (IV) Directives concerning medical orders for scope of treatment forms, as described in article 18.7 of title 15, C.R.S.;

• (p) Rights concerning direction of the disposition of the last remains of a deceased party to a civil union pursuant to article 19 of title 15, C.R.S.;

• (q) Laws relating to making, revoking, and objecting to anatomical gifts by others pursuant to the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15;

• (r) Family leave benefits;

• (s) Public assistance benefits pursuant to state law;

• (t) Laws relating to immunity from compelled testimony and evidentiary privileges pursuant to section 13-90-107, C.R.S.;

• (u) The right to apply for emergency or involuntary commitment of a party to a civil union;

• (v) The homestead rights of a spouse pursuant to part 2 of article 41 of title 38, C.R.S.;

• (w) The ability to protect exempt property from attachment, execution, or garnishment;

• (x)

  • (I) Insurance policies for life insurance, including the ability to cover a party to a civil union as a dependent.

  • (II) This paragraph (x) is effective for plans issued, delivered, or renewed on or after January 1, 2014.

• (y)

  • (I) Insurance coverage provided by a health coverage plan, including the ability to cover a party to a civil union as a dependent.

  • (II) This paragraph (y) is effective for plans issued, delivered, or renewed on or after January 1, 2014.

• (z)

  • (I) Other insurance policies that provide coverage relating to joint ownership of property.

  • (II) This paragraph (z) is effective for plans issued, delivered, or renewed on or after January 1, 2014.

(6) The responsibilities and rights of parties to a civil union with respect to the biological child of one of the parties, which child is conceived during the term of the civil union, are determined as if the parties were spouses subject to the provisions of section 19-4-105, C.R.S. A party to a civil union has the right to adopt through the same process outlined for a stepparent adoption in accordance with section 19-5-203, C.R.S., if the child of the other party to the civil union is otherwise available for adoption pursuant to section 19-5-203 (1)(d), C.R.S.