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6D7EC57F8FBE85BE8725873C005EE932 Hearing Summary


Date Aug 25, 2021      
Location HCR 0112

Uniform Parentage Act - Public Testimony & Commission Discussion

11:16:43 AM  

Uniform Parentage Act (UPA). Commissioners noted that the surrogacy provisions from the act were enacted last session and are looking for any new input on the rest of the act. Trish Cooper, CBA Family Law Section, stated that the section's position is that current statutes and case law adequately address parentage in Colorado, especially now that the surrogacy laws were updated. She reminded the commission that the section's primary concerns regarding the new UPA is that it limits the standing of some parents and the presumption of parentage. There are also concerns about the provisions regarding de facto parentage, disparate treatment of genetic parents as compared to presumed parents, registry provisions, disputed parentage, and the termination of a parent's rights.

11:23:09 AM  

      Ellen Trachman, private practice attorney focusing on assisted reproductive technology and family formation, speaking on behalf of herself, supports the new UPA. The prior UPA was created close to 50 years ago, it was not inclusive, and does not take into consideration the many ways in which families are now formed. Much of its language is archaic and it leaves those using embryo donation unprotected. The new UPA removes gender and outdated language and takes into consideration the modern ways in which families are now formed. Conversations continue with the bar and other interested parties on moving forward with the new act or portions of the new act, and even if this is not the year it moves forward, perhaps amending Colorado law is still a possibility.

11:27:37 AM  

      Rachel Catt, family law attorney and member of the CBA Family Law Section and Legislative Policy Committee, speaking only on behalf of herself today, concurred that conversations regarding this act are ongoing and interested parties are looking at ways to update Colorado law. Current law is antiquated, outdated, and offensive to many. It does cover some of the issues but those provisions may be buried in case law and difficult to find, making it confusing to those new to the state or unrepresented parties. In addition, it is possible that some areas of current law may be in conflict with federal law. Would like the commission to recognize that the conversations regarding this act are ongoing and may require future consideration by the commission. Commissioners noted that Colorado law does need updating and hope that there is a way to move the act forward, but realize that doing so may prove difficult.

      Commission consensus was to leave it on the agenda to keep discussions continuing and to see if there is a way to move forward on the portions that are not in dispute. Commissioner Scott volunteered to assist with the act.