(1) The state registrar shall create a certificate of stillbirth and shall furnish and distribute such form as necessary. The state board of health shall promulgate rules necessary to implement this section.
(2) (a) A certificate of stillbirth shall be offered to a mother after the occurrence of any stillbirth. If the mother decides to have a certificate of stillbirth filed, it shall be filed with the state registrar within three days after the stillbirth occurs and shall be registered by the state registrar if it has been completed and filed in accordance with the provisions of this section and section 25-2-112.
(b) If the mother decides not to place a name on the certificate of stillbirth, the person preparing the certificate of stillbirth shall leave this option on the certificate blank.
(3) Notwithstanding the provisions set forth in subsection (2) of this section, if a certificate of stillbirth is not registered after one year from the date the stillbirth occurs, a certificate marked Delayed may be filed and registered in accordance with the provisions of section 25-2-114.
Source: L. 2004: Entire section added, p. 473, � 2, effective July 1.
25-2-112.5. Social security account numbers - acknowledgments of paternity - to be furnished. (1) Regardless of the marital status of the mother, each parent shall furnish the social security account number or numbers, if the parent has more than one such number, issued to that parent, and the other parent's social security account number, if known, at the time of the child's birth to the person authorized under section 25-2-112 to obtain them for the state registrar, unless the state, in accordance with federal regulations, finds good cause for not requiring the parent to furnish such numbers to the state.
(2) The department of public health and environment shall make the birth certificate, the mother's and father's social security account numbers, and any written acknowledgments of paternity, including any notarized affidavits acknowledging paternity and any witnessed forms prescribed and furnished by the state registrar, furnished under this section and section 25-2-112 available to the state agency responsible for enforcing child support under Title IV-D of the federal Social Security Act upon request of that agency. The social security account numbers shall not be recorded on the birth certificate and may not be used for any purpose other than for the establishment and enforcement of child support orders.
Source: L. 93: Entire section added, p. 954, � 2, effective September 1. L. 94: (2) amended, p. 2045, � 3, effective June 3; (2) amended, p. 2748, � 399, effective July 1.
Editor's note: Amendments to subsection (2) by Senate Bill 94-141 and House Bill 94-1029 were harmonized.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
25-2-112.7. Crime of misrepresentation of material information in the preparation of a birth certificate - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Birth parent means a parent who gave birth to a child born in this state. Birth parent also includes a person presumed to be a parent or an alleged genetic parent in accordance with sections 19-4-105 and 25-2-112 (3) or a parent who signs a voluntary acknowledgment of parentage or is recognized pursuant to section 19-4-106.
(b) Material information means the legal name of a birth parent, the birth date of a birth parent, the mother's maiden name prior to a first marriage, if applicable, and the place of birth of a birth parent.
(2) A birth parent commits the crime of misrepresentation of material information in the preparation of a birth certificate if the birth parent knowingly and intentionally misrepresents material information that is used to create a child's birth certificate.
(3) The crime of misrepresentation of material information in the preparation of a birth certificate is a petty offense.
Source: L. 2015: Entire section added, (HB 15-1282), ch. 325, p. 1328, � 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3232, � 444, effective March 1, 2022. L. 2022: (1)(a) amended, (HB 22-1153), ch. 210, p. 1394, � 8, effective August 10.
Cross references: For the penalty for a petty offense, see � 18-1.3-503.
25-2-113. New certificates of birth following adoption - parentage determination. (1) (a) The state registrar shall prepare a new certificate of birth as to any person born in this state whenever he or she receives, with respect to such a person, any of the following: A report concerning adoption or parentage as required by section 25-2-107; or a report or certified copy of a decree concerning the adoption or parentage of the person from a court of competent jurisdiction outside this state; or a certified copy of the marriage certificate of the parents, together with a statement of the husband, executed after the marriage, in which the husband acknowledges paternity. The state registrar shall not prepare a new certificate of birth for an adoption if the court that has decreed the adoption, an adoptive parent, or the adopted person has requested that the state registrar not prepare such new certificate of birth. Each new certificate must show all information shown on the original certificate of birth, except information for which substitute information is included as a result of the report or decree which prompts the preparation of the new certificate.
(b) A new certificate of birth shall be prepared by the state registrar as to any adopted person born in a foreign country and a resident of this state whenever the state registrar receives with respect to such person a certified copy of the final decree of adoption as required by section 19-5-212, C.R.S., and section 25-2-107 and findings of fact as required by this section. In proceedings for the adoption of a person who was born in a foreign country, the juvenile court having jurisdiction of adoptions, upon evidence from reliable sources, shall make findings of fact as to the date and place of birth and parentage of such person. The state registrar shall prepare a new birth certificate in the new name of the adopted person and shall seal the certified copy of the findings of the court and the certified copy of the final decree of adoption which shall be kept confidential except as otherwise provided in part 3 of article 5 of title 19, C.R.S. The birth certificate shall be labeled as a certificate of foreign birth and shall show specifically the true or probable country of birth and that the certificate is not evidence of United States citizenship. If the child was born in a foreign country but was a citizen of the United States at the time of birth, the state registrar shall not prepare a certificate of foreign birth but instead shall notify the adoptive parents of the procedures for obtaining a revised birth certificate for their child through the United States department of state. Any copy of a certificate of foreign birth issued shall indicate this policy, show the actual place of birth, and indicate the fact that the certificate is not proof of United States citizenship for the adopted child. A new certificate of birth in the new name of the adopted person prepared by the state registrar pursuant to this section is hereby legalized and made valid.
(c) Repealed.
(2) (a) The state registrar shall register each new certificate of birth prepared pursuant to subsection (1) of this section by marking thereon the words new certificate, by marking thereon the date such certificate is completed, which date thereafter shall be the registration date, and by substituting such new certificate for the original certificate of birth for such person.
(b) A new certificate of birth issued pursuant to an adoption, and any copy of such certificate issued, shall be marked by the state registrar with the words issued pursuant to adoption if so requested by an adoptive parent or by an adopted person.
(c) The state registrar shall develop rules to ensure that the adoptive parent's decision to include such information, in paragraph (b) of this subsection (2), is made knowingly, including having a separate signature line verifying such choice.
(3) Thereafter, the original certificate and evidence concerning adoption or parentage must be sealed and is not subject to inspection, except as provided in section 25-2-113.5 or in part 3 of article 5 of title 19, by regulation, or upon order of a court of competent jurisdiction after the court has satisfied itself that the interests of the child or the child's descendants or the parents will best be served by opening the seal. The information obtained from opening the seal may be withheld from public view or from being presented as evidence at the discretion of the judge.
(4) In the event the decree which formed the basis for the new certificate of birth is annulled and if the state registrar receives either a certified copy of such decree of annulment or a report with respect to such decree as required by section 25-2-107, the state registrar shall return the original certificate to its place in the files. Thereafter the new certificate and evidence concerning the annulment shall not be subject to inspection except as provided in section 25-2-113.5, upon order of a court of competent jurisdiction, or as provided by regulation.
(5) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.
(6) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection, except as otherwise provided in part 3 of article 5 of title 19, C.R.S., or forwarded to the state registrar, as the state registrar shall direct.
Source: L. 67: R&RE, p. 1060, � 1. C.R.S. 1963: � 66-8-13. L. 76: (1) amended, p. 651, � 1, effective July 1. L. 78: (1)(a) and (3) amended, p. 269, � 81, effective May 23. L. 83: (3) and (4) amended, p. 1047, � 3, effective June 15. L. 84: (1)(b) amended, (1)(c) repealed, and (5) and (6) added, pp. 747, 751, �� 11, 16, effective July 1. L. 87: (1)(b) amended, p. 820, � 35, effective October 1. L. 99: (1)(b), (3), and (6) amended, p. 1136, � 5, effective July 1. L. 2002: (2) amended, p. 333, � 1, effective August 7. L. 2018: (1)(a) and (3) amended, (SB 18-095), ch. 96, p. 755, � 14, effective August 8.
Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
25-2-113.5. Limited access to information upon consent of all parties - voluntary adoption registry - definitions. (1) Adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parent and child between an adoptee and his or her adoptive parents. Under current laws and the social premises underlying adoption, the general assembly has been charged with the duty to preserve the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees, and the adoptive parents. The general assembly recognizes, however, that some adults who were adopted as children, their siblings who may or may not have been adopted, and some birth parents whose children were surrendered for adoption have a strong desire to obtain information about each other. The purpose of this section is to set up a voluntary adoption registry where qualified persons may register their willingness to release information to each other and to provide for the disclosure of such information.
(2) As used in this section, unless the context otherwise requires:
(a) Adoptive parent means an adult who has become a parent of a child through the legal process of adoption.
(b) Consent means a verified written statement which has been notarized.
(c) Identifying information includes the following information:
(I) The name of the qualified adoptee before placement in adoption;
(II) The name and address of each qualified birth parent as it appears in birth records;
(III) The current name, address, and telephone number of the qualified adult adoptee; and
(IV) The current name, address, and telephone number of each qualified birth parent.
(d) Qualified adult adoptee means an adopted person eighteen years of age or older who was born in Colorado and who meets the requirements of this section.
(e) Qualified birth parent means a genetic, biological, or natural parent whose rights were voluntarily or involuntarily terminated by a court or otherwise and who meets the requirements of this section. Birth parent includes a man who is the parent of a child as established in accordance with the provisions of the Uniform Parentage Act, article 4 of title 19, C.R.S., prior to the termination of parental rights and who meets the requirements of this section.
(f) Registrar means the state registrar of vital statistics or his designated representative.
(g) Relative includes an individual's spouse, birth parent, adoptive parent, sibling, or child who is twenty-one years of age or older.
(g.5) Sibling has the same meaning as biological sibling pursuant to section 19-1-103.
(h) Voluntary adoption registry or registry means a place where eligible persons, as described in this section, may indicate their willingness to have their identities and whereabouts disclosed to each other under conditions specified in this section.
(3) The registrar shall maintain a confidential list of qualified adult adoptees who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified adult adoptee shall be accompanied by the adoptee's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified adult adoptee desires release of his identifying information if a match occurs after his death. The qualified adult adoptee may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed adoptee. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section.
(4) The registrar shall maintain a confidential list of qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by a qualified birth parent shall be accompanied by the birth parent's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Any consent shall also indicate whether the qualified birth parent desires release of his identifying information if a match occurs after his death. The qualified birth parent may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed birth parent. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section. Any birth parent who in terminating his parental rights used an alias, and this alias is listed in the original sealed birth certificate, may also file a consent with the registry. A birth parent shall not be matched with the qualified adult adoptee without the consent of the other birth parent unless:
(a) There is only one birth parent listed on the birth certificate; or
(b) The other birth parent is deceased; or
(c) The other birth parent is unable to be located by the department of public health and environment after an exhaustive search, the cost of said search to be fully funded by the birth parent seeking a match, said search to be in accordance with the rules and regulations promulgated by the department.
(5) The registrar shall maintain a confidential list of relatives of deceased qualified adult adoptees and relatives of deceased qualified birth parents who have presented a consent regarding the release of identifying information about themselves. Any consent by such relative shall be accompanied by the person's desired method of notification in the event that a match occurs; however, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. Such relative may revise his consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed relative. The registrar shall maintain a closed record of such list and accompanying information, except as provided in accordance with this section.
(5.5) The registrar shall maintain a confidential list of former foster children who may or may not have been adopted, who are eighteen years of age or older, who have presented a consent regarding the release of identifying information about themselves and who are searching for a sibling who is also eighteen years of age or older, who may or may not have been adopted, and who may or may not have been in the foster care system. Any consent by such sibling shall be accompanied by the sibling's desired method of notification in the event that a match occurs. However, the state shall not incur costs of notification in excess of that part of the fee charged to the applicant for the purpose of notification. A sibling may revise his or her consent with respect to change of address or method of notification. Any name and accompanying information shall be removed from the list upon the verified written request of the listed sibling. The registrar shall maintain a closed record of the list and accompanying information except as provided for pursuant to this section.
(6) The registrar shall regularly review the lists provided for in subsections (3), (4), (5), and (5.5) of this section and any other nonsealed administrative files or records within his or her office to determine if there is a match. If it appears that a match has occurred, then and only then is the registrar authorized to proceed to confirm the match through recourse to sealed documents on file in the office of the registrar. When a match is confirmed, the registrar shall notify each party, by his or her designated method only, prior to an exchange of identifying information. Nothing in this section shall be construed to allow any state or local governmental department, agency, or institution, or any employee thereof, to solicit any consent for the release of identifying information.
(7) Nothing in this section shall be construed to allow the registrar to issue a copy of the original birth certificate to any registrant.
(8) Any person who knowingly uses, publishes, or divulges information obtained through operation of the registry to any person in a manner not authorized by this section commits a civil infraction.
(9) Notwithstanding any other provision of law, the information acquired by the registry shall not be disclosed under any public records law, sunshine or freedom of information legislation, rules, or practice.
(10) (a) The executive director of the department of public health and environment shall establish fees to be charged each person requesting that his name be placed on the list provided for in subsection (3), (4), or (5) of this section and for the services provided by the registrar in establishing and implementing the registry pursuant to this section. It is the intent of the general assembly that the fees shall cover all direct and indirect costs incurred pursuant to this section.
(b) The fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund. The general assembly shall annually appropriate from the general fund to the department of public health and environment an amount sufficient to meet expenses incurred pursuant to this section.
Source: L. 83: Entire section added, p. 1044, � 1, effective June 15. L. 87: (2)(e) amended, p. 821, � 36, effective October 1. L. 94: (4)(c), (10)(a), and (10)(b) amended, p. 2748, � 400, effective July 1. L. 2005: (2)(d) amended, p. 993, � 7, effective July 1. L. 2009: (1) and (6) amended and (2)(g.5) and (5.5) added, (SB 09-079), ch. 59, pp. 214, 215, �� 2, 3, effective March 25. L. 2021: (2)(g.5) amended, (SB 21-059), ch. 136, p. 746, � 121, effective October 1; (8) amended, (SB 21-271), ch. 462, p. 3232, � 445, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 1994 act amending subsections (4)(c), (10)(a), and (10)(b), see section 1 of chapter 345, Session Laws of Colorado 1994.
25-2-113.8. Birth certificate modernization act - new birth certificate following a change in gender designation - short title - definition. (1) The short title of this section is Jude's Law.
(1.5) As used in this section, unless the context otherwise requires, report of birth means an electronic or paper document containing information related to a vital event submitted by a person or entity required to submit the information for purposes of registering a vital statistic.
(2) (a) Repealed.
(b) An amended birth certificate may be issued to change the sex designation of the person to male, female, or X pursuant to the requirements of this section. X is a designation that is neither male nor female.
(c) A report of birth, filed with the state registrar, must be completed in accordance with the information required by the national center for health statistics in the centers for disease control and prevention in the federal department of health and human services.
(3) The state registrar shall issue a new birth certificate to a person who was born in this state and who has a gender different from the sex denoted on that person's birth certificate when the state registrar receives:
(a) A written request from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, to issue a new birth certificate with a gender designation that differs from the sex designated on the person's original birth certificate; and
(b) (I) A statement, in a form or format designated by the state registrar, from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's birth certificate does not align with the person's gender identity; and
(II) If the person is a minor under the age of eighteen, a statement, in a form or format designated by the state registrar, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating the sex designation on the birth certificate does not align with the minor's gender identity. This subsection (3)(b)(II) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.
(4) Notwithstanding subsection (3) of this section, the state registrar shall issue a new birth certificate to a person with a court order indicating the sex or gender of the person born in the state of Colorado has been changed.
(5) Repealed.
(6) The state registrar is authorized to contact the medical or mental health-care provider to verify a statement made pursuant to subsection (3)(b)(II) of this section.
(7) If a new birth certificate is issued pursuant to this section, the birth certificate must reflect, or be reissued to reflect, any legal name change made before or simultaneous to the change in gender designation, as long as appropriate documentation of the name change is submitted.
(8) The state registrar shall not request any additional information or records other than those required by subsection (3) or (4) of this section to process a request to modify a gender designation. The state registrar shall not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business.
(9) When the state registrar receives the documentation described in subsection (3) or (4) of this section, the state registrar shall issue a new birth certificate reflecting the new gender designation and, if applicable, the person's new name. Notwithstanding section 25-2-115 (1), the new birth certificate supersedes the original as the official public record and must not be marked as amended or indicate in any other manner that the gender designation or name on the certificate has been changed.
(10) In the case of a person who is a resident of this state and was born in another state or in a foreign jurisdiction, if the other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender, the courts in this state have jurisdiction to issue such a decree.
(11) The state registrar shall promptly notify the department of revenue when an individual is issued a new birth certificate pursuant to this section.
Source: L. 2019: Entire section added, (HB 19-1039), ch. 377, p. 3403, � 1, effective January 1, 2020. L. 2020: (3)(b)(II) and (9) amended, (SB 20-166), ch. 280, p. 1370, � 1, effective July 13. L. 2022: (1.5) and (2)(c) added and (2)(a) repealed, (HB 22-1157), ch. 321, p. 2274, �� 5, 4, effective June 2. L. 2025: (5) repealed, (HB 25-1312), ch. 205, p. 930, � 10, effective May 16.
Cross references: For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.