For same-sex couples, unmarried parents, and families formed through assisted reproduction, securing legal recognition as a parent has never been more important. A name on a birth certificate or a marriage certificate may suggest parentage, but these assumptions don’t always provide the legal protection you need—especially with the possibility of changing laws and policies.
So, how can you make sure your parental rights are fully protected? By taking proactive steps, you can establish the security and peace of mind your family deserves.
Understanding Parental Presumptions and Their Limitations
Under Colorado statute 19-4-105, certain situations create a presumption of parentage. These circumstances include:
- They are married to the person who gave birth to the child.
- Their name is listed on the child’s birth certificate with their consent.
- They take the child into their home while the child is a minor and present them as their own.
- A DNA test shows a 97% or higher probability of genetic parentage.
These provisions offer important initial recognition of parentage, but they can be legally challenged with potential law changes. Consider this scenario:
A same-sex couple has a child. Parent 1 provides genetic material for the conception, and Parent 2 carries and delivers the baby. Although Parent 1’s name is listed on the birth certificate, their legal status as a parent is based solely on presumption. If Parent 2 challenges Parent 1’s parental rights—for example, during a separation—or if laws change, Parent 1 could face significant legal hurdles to establish or maintain their rights.
This example highlights the potential vulnerabilities of relying solely on presumed parentage. While these legal presumptions provide a starting point, they may not offer the comprehensive protections needed to safeguard parental rights in the long term. To address these uncertainties and ensure a stronger foundation for your family, legal adoption or a court-confirmed parentage action can be the key.
The Benefits of Legal Adoption or Parentage Actions
Legal adoption or a court-confirmed parentage action offers peace of mind by providing rights that go beyond presumptions. These steps establish an unbreakable legal foundation for your parental relationship.
Here’s how legal adoption or parentage actions safeguard your relationship with your child:
- Guardianship Rights: Gain full legal authority to make essential decisions about your child’s education, healthcare, and travel.
- Inheritance Protections: Ensure your child is automatically eligible for inheritance under probate laws, without the need for additional legal steps.
- Parenting Time Rights: Secure legal guarantees for custody and visitation, even if your relationship with the other parent ends.
- Hospital Access: Obtain the right to be with your child in the hospital and make critical medical decisions during emergencies.
- Protection From Legal Disputes: Unlike presumptions, which can be challenged or overturned, legal adoption provides undeniable, enforceable parental rights.
For families navigating modern parenthood, legal adoption is not just about formalizing your role—it’s about ensuring your family is protected from potential challenges or changes in the law.
Simplifying the Adoption Process: Marlo’s Law in Colorado
Fortunately, Colorado has made it easier than ever for families formed through Assisted Reproductive Technology (ART) to secure their parental rights. Thanks to HB22-1153, also known as Marlo’s Law, the legal adoption process is now more accessible and less stressful for parents in these unique circumstances.
Key benefits of Marlo’s Law include:
- Eliminating fingerprinting, background checks, and home visitations.
- Removing the need for in-person hearings and counseling.
- Reducing the time, cost, and stress typically associated with legal adoption.
Marlo’s Law ensures all families—regardless of how they are formed—have equal access to essential legal protections. This simplified process means parents can focus on what matters most: building a secure, loving future for their child.
Safeguarding Your Family’s Future
Your family’s future deserves the strongest possible foundation. By securing your parental rights through legal adoption or parentage actions, you ensure clarity, stability, and lifelong protection for your child. Don’t wait until disputes or legal changes put your rights at risk.
At Colorado Legal Group, our experienced family law attorneys are here to help you every step of the way. Contact us today for a consultation, and let us guide you in building a secure and legally protected future for your family.