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.
Source: L. 2009: Entire section added, (HB 09-1287), ch. 310, p. 1676, § 8, effective July 1, 2010.
Cross references: 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. Genetic parent is defined in Section 2-115 as the child's genetic father or genetic mother. Genetic mother is defined as the woman whose egg was fertilized by the sperm of a child's genetic father. Genetic father is defined as the man whose sperm fertilized the egg of a child's genetic mother.
Structure Colorado Code
Title 15 - Probate, Trusts, and Fiduciaries
Article 11 - Intestate Succession and Wills
§ 15-11-102.5. Share of Designated Beneficiary
§ 15-11-103. Share of Heirs Other Than Surviving Spouse and Designated Beneficiary
§ 15-11-104. Requirement of Survival by One Hundred Twenty Hours - Individual Gestation
§ 15-11-106. Per Capita at Each Generation
§ 15-11-107. Kindred of Half Blood
§ 15-11-110. Debts to Decedent
§ 15-11-112. Dower and Courtesy Abolished
§ 15-11-113. Individuals Related to Decedent Through Two Blood Lines
§ 15-11-114. Parent Barred From Inheriting in Certain Circumstances
§ 15-11-116. Effect of Parent-Child Relationship
§ 15-11-117. No Distinction Based on Marital Status
§ 15-11-118. Adoptee and Adoptee's Adoptive Parent or Parents
§ 15-11-119. Adoptee and Adoptee's Genetic Parents
§ 15-11-120. Child Conceived by Assisted Reproduction Other Than Child Born to Gestational Carrier