‘Marlo’s Law’ signed by Governor Polis

The bill is meant to make the adoption process smoother for parents who conceive using assisted reproduction
The bill would make the legal recognition of an artificially conceived child's biological...
The bill would make the legal recognition of an artificially conceived child's biological parents easier and more streamlined.(Pixabay)
Published: May. 23, 2022 at 3:41 PM MDT
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DENVER, Colo. (KJCT) - Legislation intended to streamline and equalize the adoption process for parents having kids via artificial means was signed by Governor Jared Polis on Friday morning. Originally named the ‘Family Affirmation Act,’ the bill was renamed in honor of one of the sponsor’s children, who was conceived through artificial reproduction.

Marlo’s Law, also known as HB22-1153, will change the lengthy, expensive, and complex process required by the state to affirm the legal parentage of an artificially conceived child. The previous process required home visits, court appearances, criminal record checks, and a substantial amount of legal paperwork to be recognized as the parent of a child they often helped to conceive. “Under Colorado’s laws, my wife still needs to go through the expensive and complicated adoption process just to be legally recognized as the mother of our child, even though she is Marlo’s biological parent,” said Majority Leader Daneya Esgar, D-Pueblo, who is also one of the sponsors the bill.

Previous adoption requirements disproportionately affected LGBTQ+ couples, but the bill’s sponsors hope that the new law will change that. “My wife, and every parent that goes through assisted reproduction, should have the same parental rights that I do. It’s time to modernize our laws so that every parent in our state has equal protections under the law,” said Esgar.

Despite the fact that both Esgar and her wife are listed on Marlo’s birth certificate, Esgar’s wife had no legal rights to Marlo without going through the same legal process as step-parent adoption, which didn’t seem fair to Esgar. However, that legal recognition only extends to a state level, and not a federal one. Parents of artificially conceived children will still have to go through the adoption process for federal parental recognition unless the law is changed.

The bill passed the Colorado House back in February, and has now been signed into law.

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