2021 Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
Part 1 - Intestate Succession
§ 15-11-117. No Distinction Based on Marital Status

Except as otherwise provided in section 15-11-114 , 15-11-119 , 15-11-120 , or 15-11-121 , a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status.

History. Source: L. 2009: Entire section added,(HB 09-1287), ch. 310, p. 1676, § 8, effective July 1, 2010.

For another provision on marital status, see § 19-4-103 .

COMMENT

Scope. This section, adopted in 2008, provides the general rule that a parent-child relationship exists between a child and the child's genetic parents, regardless of the parents' marital status. Exceptions to this general rule are contained in Sections 2-114 (Parent Barred from Inheriting in Certain Circumstances), 2-119 (Adoptee and Adoptee's Genetic Parents), 2-120 (Child Conceived by Assisted Reproduction Other than Child Born to Gestational Carrier), and 2-121(Child Born to Gestational Carrier).

This section replaces former Section 2-114(a), which provided: “(a) Except as provided in subsections (b) and (c), for purposes of intestate succession by, through, or from a person, an individual is the child of his [or her] natural parents, regardless of their marital status. The parent and child relationship may be established under [the Uniform Parentage Act] [applicable state law] [insert appropriate statutory reference].”

Defined Terms. is defined in Section 2-115 as the child's genetic father or genetic mother. is defined as the woman whose egg was fertilized by the sperm of a child's genetic father. is defined as the man whose sperm fertilized the egg of a child's genetic mother.