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.
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