Paternity Testing Information for the State of Colorado (CO)

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The Colorado Statute

13-25-126. Genetic tests to determine parentage. 

(1) (a) In any action, suit, or proceeding in which the parentage of any child is at issue, upon motion of the court or any of the interested parties, the court shall order the alleged mother, the child or children, and the alleged father to submit to genetic testing and other appropriate testing of inherited characteristics, including but not limited to blood and tissue type, for the purpose of determining probability of parentage. If any party refuses to submit to these tests, the court may resolve the question of parentage against such party to enforce its order if the rights of others and the interests of justice so require.

(b) The tests shall be conducted by a laboratory approved by an accreditation body designated by the secretary of the federal department of health and human services, utilizing any genetic test of a type generally acknowledged as reliable by such accreditation body. Costs of any such expert witness for the first test administered shall be fixed at a reasonable amount and shall be paid as the court orders. If the results of the tests or the expert analysis of inherited characteristics are disputed by any party, the court shall order that an additional test be made by the same or another laboratory at the expense of the party disputing the test results or analysis.

(c) The chain of custody of blood or tissue specimens taken under this section may be established through verified documentation of the change of custody if such documentation was made at or near the time of the change of custody, if it was made in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the documentation.

(d) An objection to the tests performed on the blood or tissue specimens taken pursuant to this section, or the results thereof, shall be made prior to trial.

(e) The results of such tests shall have the following effect:

(I) If the court finds that the conclusion of the experts conducting the tests, as disclosed by the evidence based upon the tests, is that the alleged parent is not the parent of the child, the question of parentage shall be resolved accordingly.

(II) If the experts conducting the tests conclude that the genetic tests or other tests of inherited characteristics show that the alleged parent is not excluded and that the probability of the alleged parent's parentage is less than ninety-seven percent, this evidence must be admitted by the court and shall be weighed with other competent evidence of parentage.

(III) If the experts conducting the tests conclude that the genetic tests or other tests of inherited characteristics show that the alleged parent is not excluded and that the probability of the alleged parent's parentage is ninety-seven percent or higher, the alleged parent is presumed to be the parent, and this evidence must be admitted. Other expert testimony can be offered to rebut the presumption, but cannot prohibit the presumption from attaching.

(IV) The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusion of the experts conducting the tests, as disclosed by the evidence based upon the tests, shows that the husband or wife is not the parent of the child.

(2) Any objection to genetic testing results shall be made in writing not less than fifteen days before the first scheduled hearing at which the results may be introduced into evidence or fifteen days after motion for summary judgment is served on such person; except that a person shall object to the genetic testing results not less than twenty-four hours prior to the first scheduled hearing if such person did not receive the results fifteen or more days before such hearing. The test results shall be admissible as evidence of paternity in a paternity action filed pursuant to article 4 of title 19, C.R.S., or article 13.5 of title 26, C.R.S., without the need for foundation testimony or other proof of authenticity or accuracy.

This information is provided for reference only