Q: I'm a trans man and my wife used a sperm donor, can I sign the birth certificate in Colorado?
My wife and I had a sperm donor. We don't know him. We didn't go through a doctor or anything. We found him online, met up and did what we needed to do. He doesn't know our names or numbers and we don't know his. We have been married since January and this will be our first kid. Can I sign the birth certificate?
A: Without reviewing your specifics of your situation I cannot say for certain, but I can give you some general information and guidance. Colorado wholly adopted the most recent version of the Uniform Parentage Act (UPA), which has specific guidance for assisted reproduction. The section you are interested in is CRS 19-4-106 (link: http://www.intotolegal.com/upcoming%20Events/Forms.html) . Section 106 states that provided the insemination is done by a healthcare professional and both spouses consent, the child is “biological” even if one (or both parent) is not the technical biological parent. The uncertain part relates to the issue of same-sex couples. The UPA was drafted before any state legalized same-sex marriage, so specific language about same-sex couples (much less transsexuals) is missing. The recent US Supreme Court decision that legalized same-sex marriages should mean that “husband” and “wife” apply for same-sex couples however they define themselves. To my knowledge, there is no case in Colorado that has wholly settled the same-sex aspect of the UPA. In sum, you should be able to sign the birth certificate, but check with the supporting medical documents related to the assisted reproduction for guidance. You can also call the county recorder where you live.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.