C.R.S. § 25-2-101 Short title
25-2-101. Short title. This article shall be known and may be cited as the "Vital Statistics Act of 1984".
Vital Statistics
C.R.S. tit. 25, art. 2
in effectC.R.S. § 25-2-102 Definitions
25-2-102. Definitions. As used in this article 2, unless the context otherwise requires:
(1) "Dead body" means a lifeless human body or parts of such body or bones thereof from the state of which it reasonably may be concluded that death recently occurred.
(2) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
(2.5) "Final disposition" means the burial, interment, cremation, natural reduction, removal from the state, or other authorized disposition of a dead body or fetus.
(2.7) "Induced termination of pregnancy" means the purposeful interruption of a pregnancy with an intention other than producing a live-born infant or removing a dead fetus and that does not result in a live birth.
(3) "Institution" means any establishment which provides inpatient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care to two or more unrelated individuals or to which persons are committed by law.
(3.5) "Physician" means a person licensed to practice medicine in Colorado pursuant to article 240 of title 12.
(4) "Regulations" means regulations duly adopted pursuant to section 25-2-103.
(4.5) "Stillborn death" or "stillbirth" means death prior to the complete expulsion or extraction from its mother of a product of human conception, occurring after the twentieth week of pregnancy, and does not include "induced termination of pregnancy", as defined by subsection (2.7) of this section. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.
(5) "Vital statistics certificate" means any certificate required by section 25-2-110, 25-2-112, or 25-2-112.3.
(6) "Vital statistics report" means any report required by section 25-2-106 or 25-2-107.
C.R.S. § 25-2-103 Centralized registration system for all vital statistics - office of state registrar of vital statistics created - appointment of registrar - rules
25-2-103. Centralized registration system for all vital statistics - office of state registrar of vital statistics created - appointment of registrar - rules. (1) In order to provide for the maintenance of a centralized registry of the vital statistics of this state, the office of state registrar of vital statistics, referred to in this article 2 as the "state registrar", is created in the division of administration in the department of public health and environment. The state registrar is appointed by the state board of health and has such staff and clerical help as is reasonably required in the performance of the state registrar's duties. The state registrar and the staff and clerical help of the state registrar are subject to the state constitution and state personnel system laws. The office of the state registrar is a type 2 entity, as defined in section 24-1-105.
(2) The state board of health shall adopt, promulgate, amend, and repeal such rules and orders in accordance with the provisions of section 24-4-103, C.R.S., as are necessary and proper for carrying out the provisions of this article.
(3) (a) The state registrar shall direct and supervise the operation of the vital statistics system, prepare and publish annual reports of vital statistics, and administer and enforce the provisions of this article and all rules issued under this article.
(b) In conjunction with the requirements of paragraph (a) of this subsection (3), the state registrar shall collect the name of the provider of prenatal care, if any, and the name of the provider of initial delivery services and shall require that such information be reported on all birth certificates. In addition, whenever an investigation or inquest is conducted pursuant to section 30-10-606, C.R.S., concerning the death of a child under one year of age, the coroner shall forward the information described in this paragraph (b) to the state registrar for inclusion on the death certificate of the subject of the inquest or investigation.
(4) Federal, state, local, and other public or private agencies may, upon request, be furnished copies of records of data for statistical purposes upon such terms and conditions as may be prescribed by regulation.
(4.5) Notwithstanding any other provision of law that limits the sharing of vital statistics, after receiving the list of names and social security numbers of individuals who received property tax exemptions as either qualifying seniors or qualifying veterans with a disability for the prior year that is provided by the property tax administrator pursuant to section 39-3-207, the state registrar shall identify all individuals on the list who have died and transmit a list of the names and social security numbers of such individuals to the administrator.
(4.7) Notwithstanding any other provision of law that limits the sharing of vital statistics, after receiving the list of names and social security numbers of individuals who had property classified as qualified-senior primary residence real property that is provided by the property tax administrator pursuant to section 39-1-104.6 (5)(c), the state registrar shall identify all individuals on the list who have died and transmit a list of the names and social security numbers of such individuals to the administrator.
(5) The state registrar shall designate organized county, district, or municipal public health agencies established pursuant to part 5 of article 1 of this title and may establish or designate additional offices throughout Colorado to aid in the efficient administration of the system of vital statistics.
(6) The state registrar may:
(a) Require departments or offices so designated or established to comply with performance and accounting standards as set forth in rules promulgated by the state board of health;
pursuant to part 5 of article 1 of this title and may establish or designate additional offices throughout Colorado to aid in the efficient administration of the system of vital statistics.
(6) The state registrar may:
(a) Require departments or offices so designated or established to comply with performance and accounting standards as set forth in rules promulgated by the state board of health;
(b) Delegate such functions and duties to the staff and clerical help and to any offices established or designated by the state registrar pursuant to this section as deemed necessary or expedient;
(c) Conduct training programs to promote the uniformity of the administration of this article throughout Colorado.
C.R.S. § 25-2-104 Registration of vital statistics
25-2-104. Registration of vital statistics. Promptly upon receipt of each vital statistics report or certificate, the state registrar shall examine it to determine that it has been properly completed. If the report has been properly completed, the state registrar shall register the statistical event described therein and shall note the date the report has been accepted as having been properly completed and shall place the same, or a reproduction thereof, made in accordance with section 25-2-117 (3), in the permanent files of the office. If not properly completed, the state registrar shall take such action with respect thereto as may be required by applicable regulations.
C.R.S. § 25-2-105 Vital statistics, reports, and certificates - forms and information to be included
25-2-105. Vital statistics, reports, and certificates - forms and information to be included. (1) The state registrar shall prescribe, furnish, and distribute such forms as are required by this article and shall furnish and distribute such rules as are promulgated pursuant to section 25-2-103. The state registrar may also prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration.
(2) The state registrar shall prescribe, furnish, and distribute such forms as are required by this article with respect to civil union certificates, as defined in section 14-15-103 (2), C.R.S.
C.R.S. § 25-2-106 Reports of marriage
25-2-106. Reports of marriage. Each county clerk and recorder shall prepare a report containing such information and using such form as may be prescribed and furnished by the state registrar with respect to every duly executed marriage certificate that is returned in accordance with section 14-2-109, C.R.S. On or before the tenth day of each month, or more frequently if so requested by the state registrar, such clerk and recorder shall forward to the state registrar all such marriage reports for all marriage certificates returned in the preceding period. Certified copies of marriage certificates may be issued by any clerk and recorder.
C.R.S. § 25-2-106.5 Reports of civil unions
25-2-106.5. Reports of civil unions. Each county clerk and recorder shall prepare a report containing such information and using the form as may be prescribed and furnished by the state registrar with respect to every duly executed civil union certificate registered in accordance with section 14-15-112, C.R.S. On or before the tenth day of each month, or more frequently if requested by the state registrar, the county clerk and recorder shall forward to the state registrar all civil union reports for all civil union certificates registered in the preceding period. The county clerk and recorder may issue certified copies of civil union certificates.
C.R.S. § 25-2-107 Reports of adoption, dissolution of marriage, parentage, and other court proceedings affecting vital statistics - tax on court action affecting vital statistics
25-2-107. Reports of adoption, dissolution of marriage, parentage, and other court proceedings affecting vital statistics - tax on court action affecting vital statistics. (1) The clerk of each court or, for parentage proceedings, the clerk of the court or a delegate child support enforcement unit, shall prepare a report containing information and using forms as may be prescribed and furnished by the state registrar with respect to every decree entered by the court with respect to parentage, adoption, change of name, dissolution of marriage, legal separation, or declaration of invalidity of marriage, and every decree amending or nullifying such a decree and also with respect to every decree entered pursuant to section 25-2-114. On or before the tenth day of each month, or more frequently if so requested by the state registrar, the clerk shall forward to the state registrar the reports for all such decrees entered during the preceding period.
(2) In order to help defray the maintenance of vital statistics records, and in addition to the tax levied under section 2-5-119, a tax of three dollars shall be levied upon each action with respect to parentage, adoption, change of name, dissolution of marriage, legal separation, or declaration of invalidity of marriage that is filed in the office of each clerk of a court of record in this state on or after July 1, 1985. The tax must be paid at the time the action is filed, and the clerk shall keep the tax in a separate fund and transmit the tax monthly to the state treasurer, who shall credit the same to the vital statistics records cash fund pursuant to section 25-2-121. A delegate child support enforcement unit acting pursuant to article 13 of title 26 is exempt from paying the tax authorized in this subsection (2).
C.R.S. § 25-2-107.5 Reports of dissolution of civil unions, legal separation of civil unions, or declarations of invalidity of civil unions - fee
25-2-107.5. Reports of dissolution of civil unions, legal separation of civil unions, or declarations of invalidity of civil unions - fee. (1) The clerk of each court shall prepare a report containing such information and using such form as may be prescribed and furnished by the state registrar with respect to every decree entered by the court for the dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union, and every decree amending or nullifying such a decree. On or before the tenth day of each month, or more frequently if so requested by the state registrar, the clerk shall forward to the state registrar the reports for all such decrees entered during the preceding period.
(2) In order to defray the costs of maintenance of vital statistics records, the clerk of the court shall assess a fee of three dollars upon each action filed for a dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union that is filed in the office of each clerk of a court of record in this state on or after May 1, 2013. The clerk shall keep any fees so collected in a separate fund, and each month the clerk shall transmit those fees collected to the state treasurer, who shall credit the same to the vital statistics records cash fund created in section 25-2-121.
C.R.S. § 25-2-108 Reports and certificates as to births and deaths
25-2-108. Reports and certificates as to births and deaths. (Repealed)
C.R.S. § 25-2-109 Local registration districts for processing of birth and death certificates
25-2-109. Local registration districts for processing of birth and death certificates. (Repealed)
C.R.S. § 25-2-110 Certificates of death - definition
25-2-110. Certificates of death - definition. (1) (a) A certificate of death for each death, including a stillborn death, that occurs in Colorado must be filed with the state registrar, or as otherwise directed by the state registrar, within seventy-two hours of assuming custody of a dead body, stillborn fetus, or dead fetus and prior to final disposition, except when inquiry is required by subsection (5.5) of this section or any provision of section 30-10-606 other than section 30-10-606 (1)(b) or when a coroner, a medical examiner, a forensic pathologist, or other qualified individual determines that additional time is necessary to make a proper inquiry to determine the cause and manner of death. In such a situation, the coroner, medical examiner, forensic pathologist, or other qualified individual shall complete and sign the certificate of death as soon as practicable. The state registrar shall register the certificate if it has been completed in accordance with this section. Every certificate of death must identify the decedent's social security number, if available. If the place of death is unknown but the dead body is found in Colorado, the certificate of death must be completed and filed in accordance with this section. The place where the body is found must be shown as the place of death. If the date of death is unknown, the date must be determined by approximation.
(b) (I) The department of public health and environment shall create and the state registrar shall use an electronic death registration system for the purpose of collecting death information from funeral directors, coroners, physicians, local registrars, health facilities, and other authorized individuals, as determined by the department. Death information submitted electronically by a funeral director, coroner, physician, local registrar, health facility, or authorized individual, as determined by the department, to the electronic death registration system for purposes of fulfilling the requirements of this section satisfies the signature and filing requirements of this section and section 30-10-606, C.R.S.
(II) Repealed.
(III) Except as otherwise provided in subsection (4.5) of this section, any individual, other than a family member of the decedent or other individual acting in a nonprofessional capacity as the funeral director for the decedent, who is required to initiate, complete, respond to, or file a certificate of death pursuant to this section must use the electronic death registration system used by the state registrar.
(IV) The state registrar shall provide a report to the department of regulatory agencies on a monthly basis that identifies any certificates of death for which a medical certification was not completed in a timely manner using the electronic death registration system or, before March 1, 2024, only, completed as otherwise allowed by this section, and the department shall promptly provide the report to the Colorado medical board created in section 12-240-105 (1)(a). Beginning in 2025, the department of regulatory agencies shall prepare a report to the joint committee of reference during its annual hearing held pursuant to section 2-7-203 of the "SMART Act", part 2 of article 7 of title 2. The report must include the number of complaints that the department of regulatory agencies received and the number of disciplinary actions taken against a licensee in each calendar year.
025, the department of regulatory agencies shall prepare a report to the joint committee of reference during its annual hearing held pursuant to section 2-7-203 of the "SMART Act", part 2 of article 7 of title 2. The report must include the number of complaints that the department of regulatory agencies received and the number of disciplinary actions taken against a licensee in each calendar year.
(c) Once a certificate of death has been filed pursuant to paragraph (a) of this subsection (1), a verification of death document may be used by local offices of vital statistics and the office of the state registrar of vital statistics when verifying a vital event to a person or organization that has requested a verification of fact-of-death. A verification of death document must include the name and address of the decedent, the date of death, the place of death, the date the document is filed, the state file number, and the name of any spouse of the decedent. A verification of death document is not required to contain a social security number of the deceased as is otherwise required of a certificate of death under paragraph (a) of this subsection (1).
(d) [Editor's note: Subsection (1)(d) is effective July 1, 2025.] If a certificate of death, copy of certificate of death, certified copy of a certificate of death, or verification of death is recorded into the real estate records of a county clerk and recorder, the document is a public record.
(2) When a death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international air space or in a foreign country or its air space and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, but the certificate shall show the actual place of death insofar as can be determined.
(3) (a) The funeral director or person acting as such who first assumes custody of a dead body, stillborn fetus, or dead fetus is responsible for the filing of the certificate of death required by subsection (1) of this section within seventy-two hours after receipt of the electronic death registration request unless the physician, their associate physician, the chief medical officer of the institution in which the death occurred, or the physician who performs an autopsy upon the decedent is unable to complete the medical certification for the certificate of death within the required time frame. The funeral director shall obtain the personal data required by the certificate from the next of kin or the best qualified person or source available. The funeral director shall obtain the medical certification necessary to complete the portion of the certificate pertaining to the cause of death from the best qualified person or source available, pursuant to subsection (4) of this section.
(a.5) (I) Except as otherwise provided in subsection (3)(a.5)(II) of this section, if a decedent had an established primary care physician, the primary care physician is responsible for completing the medical certification for the certificate of death in accordance with subsections (1)(a) and (4) of this section if:
(A) The death appears to be due to natural causes and is determined as such with a reasonable degree of medical certainty;
(B) The decedent received medical care from the primary care physician within a year of the death;
(C) The death occurred when the decedent was not under the direct care of another physician charged with the patient's care during the illness or condition that resulted in death; and
(D) An inquiry is not required by section 30-10-606.
rmined as such with a reasonable degree of medical certainty;
(B) The decedent received medical care from the primary care physician within a year of the death;
(C) The death occurred when the decedent was not under the direct care of another physician charged with the patient's care during the illness or condition that resulted in death; and
(D) An inquiry is not required by section 30-10-606.
(II) If, within a year of the death, the decedent had been treated by a physician other than the decedent's established primary care physician for a chronic condition or terminal illness related to the decedent's death and the conditions set forth in subsections (3)(a.5)(I)(A) and (3)(a.5)(I)(D) of this section are met, that physician is responsible for completing the medical certification for the certificate of death in accordance with subsection (4) of this section.
(b) In the case of a stillborn fetus, notwithstanding the provisions of paragraph (a) of this subsection (3), the physician, nurse, or other medical personnel attending to the stillborn death may assume responsibility for filing the death certificate required by paragraph (a) of this subsection (3). The person filing the death certificate in the case of a stillborn fetus shall obtain the personal data required by the certificate from a parent and shall include a name on the death certificate if a parent desires to identify a name.
(c) If a death certificate is not filed in the case of a stillborn death as required by paragraph (a) of this subsection (3), a parent may inform the state registrar of the information necessary to complete the death certificate. The state registrar shall confirm such information and complete the death certificate accordingly.
(4) Except when inquiry is required by any provision of section 30-10-606 other than section 30-10-606 (1)(b), the physician in charge of the patient's care for the illness or condition that resulted in death shall complete the medical certification for the certificate of death within seventy-two hours after receipt of the electronic death registration request or, before March 1, 2024, only, for a physician who is not yet registered to use and using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section, within seventy-two hours after receiving notice that a medical certification for a certificate of death must be completed. In the absence of said physician or with the physician's approval, the certificate may be completed and signed by an associate physician, by the chief medical officer of the institution in which the death occurred, or by the physician who performed an autopsy upon the decedent, if such individual has access to the medical history of the case, if said individual views the decedent at or after the time of death, and if the death is due to natural causes. If the death is or may be due to unnatural causes, a physician required to complete a medical certification for a certificate of death in accordance with this subsection (4) shall notify the coroner or the medical examiner when an inquiry or an autopsy is required to be performed pursuant to sections 30-10-606 and 30-10-606.5. On and after March 1, 2024, a physician's repeated or willful failure without reasonable cause to comply with timely completion of a medical certification for a certificate of death in accordance with subsection (1)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section
rtificate of death in accordance with subsection (1)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, the physician or, in their absence, their designee in accordance with this subsection (4), shall complete the medical certification for a certificate of death required by this subsection (4) using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(4.5) The department of public health and environment shall ensure that all physicians are registered to use the electronic death registration system created and used pursuant to subsection (1)(b)(I) of this section on or before March 1, 2024. A physician shall use the system for all medical certifications for certificates of death required by subsection (4) of this section immediately upon being registered but is not required to do so before being registered.
(5) (a) When inquiry is required by section 30-10-606, the coroner shall determine the cause of death and shall complete and sign the medical certification within forty-eight hours after receipt of the electronic death registration request, except as permitted by subsection (5.5) of this section. If an autopsy is performed, the certification must indicate whether the decedent was pregnant at the time of death, and the information must be reported on the certificate of death as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, a coroner, medical examiner, forensic pathologist, or other qualified individual that determines the cause of death and completes the medical certification for a certificate of death in accordance with this subsection (5) must use the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(b) A coroner, medical examiner, forensic pathologist, or other qualified individual who completes the medical certification for a certificate of death pursuant to this subsection (5) or subsection (5.5) or (6) of this section shall not register "excited delirium" as the cause of death.
(c) For purposes of this subsection (5), "excited delirium" means a term used to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. "Excited delirium" also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.
(5.5) A coroner is not required to comply with subsection (5) of this section if the coroner, in good faith, determines that additional time is needed to make a proper inquiry to determine the cause and manner of death of any individual in the coroner's jurisdiction who has died under any circumstance specified in section 30-10-606 (1) or if the coroner is required to perform a forensic autopsy as required by section 30-10-606.5. In these situations, a coroner shall determine the cause of death and shall complete and sign the medical certification for a certificate of death as soon as is practicable and in accordance with subsection (6) of this section.
ction who has died under any circumstance specified in section 30-10-606 (1) or if the coroner is required to perform a forensic autopsy as required by section 30-10-606.5. In these situations, a coroner shall determine the cause of death and shall complete and sign the medical certification for a certificate of death as soon as is practicable and in accordance with subsection (6) of this section.
(6) If the cause of death cannot be determined within forty-eight hours after a death, the medical certification shall be completed as provided by rule. If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and said information shall be reported on the death certificate as required by subsection (9) of this section. The attending physician or coroner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, final disposition of the body shall not be made until authorized by the coroner or the coroner's designee.
(7) When a death is presumed to have occurred within Colorado but the body cannot be located, a death certificate may be prepared by the state registrar upon receipt of an order of a court of competent jurisdiction which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked "presumptive" and shall show on its face the date of registration and shall identify the court and the date of decree.
(8) Every funeral establishment shall maintain registration with the office of the state registrar and shall act in accordance with the provisions of this article.
(9) (a) If an autopsy is performed, a certificate of death shall identify whether the decedent was pregnant at the time of death.
(b) The requirement in this subsection (9) and subsections (4), (5), and (6) of this section to indicate whether the decedent was pregnant at the time of death shall be complied with when the person required to make the designation has access to the certification form that permits compliance.
(10) Whenever in the Colorado Revised Statutes the terms "certificate of death" or "death certificate" are used, except as to the initial certificate of death required pursuant to paragraph (a) of subsection (1) of this section, the same two terms include a verification of death document that is certified by the state registrar and issued pursuant to paragraph (c) of subsection (1) of this section.
(11) A deadline set forth in this section by which an individual is required to complete an action relating to a certificate of death or a medical certification for a certificate of death is extended by one day per day of closure if the business or facility at which the individual is employed is actually closed for an entire calendar day that is a weekend day or a legal holiday. Such a deadline is not extended if the business or facility is open for any portion of such a calendar day or if the business or facility is closed for an entire calendar day that is not a weekend day or a legal holiday.
C.R.S. § 25-2-110.5 Fetal deaths - treatment of remains
25-2-110.5. Fetal deaths - treatment of remains. (1) In every instance of fetal death, the pregnant woman shall have the option of treating the remains of a fetal death pursuant to article 135 of title 12.
(2) In every instance of fetal death, the health-care provider, upon request of the pregnant woman, shall release to the woman or the woman's designee the remains of a fetal death for final disposition in accordance with applicable law. Such request shall be made by the pregnant woman or her authorized representative prior to or immediately following the expulsion or extraction of the fetal remains. Unless a timely request was made, nothing in this section shall require the health-care provider to maintain or preserve the fetal remains.
(3) (a) Nothing in this section shall prohibit a health-care provider from conducting or acquiring medical tests on the remains of a fetal death prior to release.
(b) Upon a request pursuant to subsection (2) of this section, whenever a medical test is conducted pursuant to paragraph (a) of this subsection (3), the health-care provider conducting the test shall, where medically permissible and otherwise permitted by law, release to the pregnant woman or the woman's designee the remains of a fetal death for final disposition.
(4) Nothing in this section shall prohibit the health-care provider from requiring a release of liability for the release of the remains of a fetal death prior to such release.
(5) A health-care provider shall be immune from all civil or criminal liability, suit, or sanction with regard to any action taken in good-faith compliance with the provisions of this section.
C.R.S. § 25-2-111 Dead bodies - disposition - removal from state - records
25-2-111. Dead bodies - disposition - removal from state - records. (1) Any person requested to act as funeral director for a dead body or otherwise whoever first assumes custody of a dead body shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, the coroner or the coroner's designee shall authorize final disposition of the body on a form prescribed and furnished by the state registrar. No body shall be buried, cremated, deposited in a vault or tomb, or otherwise disposed of, nor shall any body be removed from this state, until such authorization has been obtained, completed, and approved. The coroner or the coroner's designee shall include in the authorization notice of the requirements of subsection (7) of this section.
(2) A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.
(3) Repealed.
(4) Any person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this article, shall keep a record which shall identify the body and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed in regulations. Such record shall be retained for a period of not less than seven years and shall be made available for inspection by the state registrar or his representative upon demand.
(5) No sexton or other person in charge of any place in which interment or other disposition of dead bodies is made shall inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.
(6) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the state registrar to a funeral director or person acting as such upon proper application.
(7) (a) The owner of land that is used to inter a dead human body shall record the burial within thirty days after the burial with the county clerk and recorder of the county in which the land is situated. The owner shall record the following:
(I) The dead person's name as it appears on the death certificate;
(II) The dead person's date of birth;
(III) The dead person's age at the time of death;
(IV) The cause of death;
(V) The name of the owner or owners of the property where the dead human body is interred;
(VI) The legal description of the property where the dead human body is interred if the person is interred on private property;
(VII) The reception number for the death certificate if recorded by the county clerk; and
(VIII) The latitude and longitude coordinates, such as those given by a global positioning system, that are verified by two witnesses or the county coroner, sheriff, or a designee of the county coroner or sheriff.
(b) This subsection (7) does not apply to dead human bodies interred in cemeteries, vaults, or tombs operated or maintained by public entities or businesses that inter people in the ordinary course of business and are available to the general public.
C.R.S. § 25-2-111.5 Transfer of fetal tissue from induced termination of pregnancy - legislative declaration
25-2-111.5. Transfer of fetal tissue from induced termination of pregnancy - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the United States congress enacted 42 U.S.C. sec. 289g-2, prohibiting the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration if the transfer affects interstate commerce. The general assembly determines and declares that the acquisition, receipt, or other transfer of human fetal tissue for valuable consideration affects intrastate commerce and is not in the public interest of the residents of Colorado. Therefore, the general assembly finds, determines, and declares that the exchange for valuable consideration of human fetal tissue should be prohibited.
(2) (a) No physician or institution that performs procedures for the induced termination of pregnancy shall transfer such tissue for valuable consideration to any organization or person that conducts research using fetal tissue or that transplants fetal tissue for therapeutic purposes. For the purposes of this section, "valuable consideration" includes, but is not limited to:
(I) Any lease-sharing agreement in excess of the current market value for commercial rental property for the area in which the physician's or institution's place of business is located;
(II) Any lease-sharing agreement that is based on the term or number of induced terminations of pregnancy performed by such physician or institution;
(III) Any moneys, gifts in lieu of money, barter arrangements, or exchange of services that do not constitute reasonable payment associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue as defined in 42 U.S.C. sec. 289g-2; or
(IV) Any agreement to purchase fetal tissue for a profit.
(b) Nothing in this subsection (2) shall prevent the disposition of fetal tissue from an induced termination of pregnancy pursuant to part 4 of article 15 of this title.
(3) Any physician or institution that violates subsection (2) of this section shall be fined by the state registrar not more than ten thousand dollars, depending upon the severity of the violation.
(4) The department of public health and environment may promulgate rules related to enforcement activities necessary to implement subsections (2) and (3) of this section.
C.R.S. § 25-2-112 Certificates of birth - filing - establishment of parentage - notice to collegeinvest
25-2-112. Certificates of birth - filing - establishment of parentage - notice to collegeinvest. (1) A certificate of birth for each live birth which occurs in this state shall be filed with the state registrar or as otherwise directed by the state registrar within ten days after such birth and shall be registered if it has been completed and filed in accordance with this section. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in Colorado, the birth shall be registered in Colorado, and the place where the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international air space or in a foreign country or its air space and the child is first removed from the conveyance in Colorado, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. Either of the parents of the child shall verify the accuracy of the personal data entered thereon in time to permit its filing within such ten-day period.
(2) When a birth occurs in an institution, or upon order of any court with proper jurisdiction, the person in charge of the institution or such person's designated representative shall obtain the personal data, prepare the certificate, certify the authenticity of the birth registration either by signature or by an approved electronic process, and file it with the state registrar or as otherwise directed by the state registrar within the required ten days; the physician in attendance shall provide the medical information required by the certificate within five days after the birth. When the birth occurs outside an institution, the certificate shall be prepared and filed by the physician in attendance at or immediately after the birth, or in the absence of such a physician by any person witnessing the birth, or in the absence of any such witness by the father or mother, or in the absence of the father and the inability of the mother by the person in charge of the premises where the birth occurred. The person who completes and files the certificate shall also be responsible for obtaining the social security account numbers of the parents and delivering those numbers to the state registrar along with the certificate.
(2.5) Repealed.
(2.7) For the purposes of a birth registration, the mother is deemed to be the woman who has given birth to the child, unless otherwise provided by law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (3) of this section.
(3) (a) If the mother was married either at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless:
(I) Paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as so determined shall be entered; or
(II) The mother and the mother's husband execute joint or separate forms prescribed and furnished by the state registrar reflecting the mother's and the husband's signatures individually witnessed and attesting that the husband is not the father of the child, in which case, information about the father shall be omitted from the certificate; or
(III) The mother executes a form prescribed and furnished by the state registrar attesting that the husband is not the father and that the putative father is the father, the putative father executes a form prescribed and furnished by the state registrar attesting that he is the father, and the husband executes a form prescribed and furnished by the state registrar attesting that he is not the father. Such forms may be joint or individual or a combination thereof, and each signature shall be individually witnessed. In such event, the putative father shall be shown as the father on the certificate.
rm prescribed and furnished by the state registrar attesting that he is the father, and the husband executes a form prescribed and furnished by the state registrar attesting that he is not the father. Such forms may be joint or individual or a combination thereof, and each signature shall be individually witnessed. In such event, the putative father shall be shown as the father on the certificate.
(IV) A court of competent jurisdiction has determined the husband is not the presumed father and the putative father executes a form prescribed and furnished by the state registrar which is individually witnessed attesting that he is the father and the mother executes a form prescribed and furnished by the state registrar which is individually witnessed that the putative father is the father. In such event the putative father shall be shown as the father on the birth certificate.
(b) If the mother was not married at the time of conception or birth, the name of the father shall be entered if, but only if, the mother and the person to be named as the father so request in writing on a form prescribed and furnished by the state registrar or if paternity has been determined by a court of competent jurisdiction, in which case the name of the father as so determined shall be entered.
(c) For purposes of acknowledging paternity, the form prescribed and furnished by the state registrar shall contain the minimum requirements specified by the secretary of the federal department of health and human services.
(3.5) Upon the birth of a child to an unmarried person in an institution, the person in charge of the institution or that person's designated representative shall provide an opportunity for the person who gave birth and the person seeking to acknowledge parentage pursuant to section 19-4-105 to complete a written acknowledgment of parentage on the form prescribed and furnished by the state registrar.
(4) Whoever assumes the custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the state registrar within ten days to the state registrar or as otherwise directed by the state registrar such information as the state registrar shall require, which report shall constitute the certificate of birth for the infant. The place where the child was found shall be entered as the place of birth, and the date of birth shall be determined by approximation. If the child is identified and a certificate of birth is found or obtained, any report registered under this section shall be sealed and filed and, except as provided in section 25-2-113.5, may be opened only by order of a court of competent jurisdiction or as provided by regulation.
(5) and (6) (Deleted by amendment, L. 93, p. 952, § 1, effective September 1, 1993.)
(7) The state registrar shall revise the birth certificate worksheet form used for the preparation of a certificate of live birth to include:
(a) A statement that knowingly and intentionally misrepresenting material information on the worksheet form used for the preparation of a birth certificate is a petty offense;
(b) A requirement to report whether the live birth occurred after a transfer to a hospital by a direct-entry midwife registered pursuant to article 225 of title 12; and
(c) A place to report where the pregnant person intended to give birth at the onset of the person's labor.
(8) On or before February 15, 2020, and on or before the fifteenth day of each month thereafter, the state registrar shall provide to the director of collegeinvest the name of each eligible child, as defined in section 23.3-1-306.5 (2)(a.7), born or adopted during the prior calendar month, the date and location of the birth or adoption, and the name and mailing address of the parent or parents, as defined in section 23-3.1-306.5 (2)(g), of the eligible child listed on the eligible child's certificate of birth or the report of adoption forwarded to the state registrar as required by section 25-2-107 (1).
C.R.S. § 25-2-112.3 Certificates of stillbirth - filing - delayed registration - rules
25-2-112.3. Certificates of stillbirth - filing - delayed registration - rules. (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.
C.R.S. § 25-2-112.5 Social security account numbers - acknowledgments of paternity - to be furnished
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.
C.R.S. § 25-2-112.7 Crime of misrepresentation of material information in the preparation of a birth certificate - definitions
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.
C.R.S. § 25-2-113 New certificates of birth following adoption - parentage determination
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.
hich 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.
C.R.S. § 25-2-113.5 Limited access to information upon consent of all parties - voluntary adoption registry - definitions
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.
ccurs 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.
nt 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.
C.R.S. § 25-2-113.8 Birth certificate modernization act - new birth certificate following a change in gender designation - short title - definition
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) The state registrar may only amend a gender designation for an individual's birth certificate one time upon the individual's request. Any further requests from the individual for additional gender designation changes require the submission of a court order indicating that the gender designation change is required.
(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.
hange 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.
C.R.S. § 25-2-114 Delayed registration of births and deaths
25-2-114. Delayed registration of births and deaths. (1) When a birth, foundling birth, death, or fetal death has occurred in this state but no certificate as to such event has been filed or registered in accordance with the provisions of section 25-2-110 or 25-2-112, a certificate as to such event may be accepted for filing or registration, or both, in accordance with applicable regulations concerning certificates that have not been timely or properly filed or registered. The state registrar shall endorse on the certificate a summary statement of the evidence submitted to substantiate the facts asserted in such certificate. If a certificate is not registered until more than a year after the event, the state registrar shall mark the word "Delayed" on the face thereof.
(2) When the state registrar finds the certificate or such supplementary evidence as may be required by regulations to be deficient or invalid, the certificate shall not be registered, and the person who requested the registration shall be advised in writing both as to the basis for the alleged deficiency or invalidity and also as to such person's right of appeal. Judicial review of the action of the state registrar may be had in accordance with the provisions of section 24-4-106, C.R.S., but an action for judicial review shall be commenced within sixty days after the date the state registrar gives his notice in writing of his decision. If no action for judicial review is commenced within said period, the state registrar shall return the certificate and all documents submitted in support thereof to the person submitting the same if registration of the certificate has been refused.
C.R.S. § 25-2-115 Alteration of reports and certificates - amended reports and certificates
25-2-115. Alteration of reports and certificates - amended reports and certificates. (1) A vital statistics report or certificate shall not ever be altered in any way except in accordance with this article 2 and applicable rules. Except for amended birth certificates issued pursuant to section 25-2-113.8, the date of alteration and a summary description of the evidence submitted in support of the alteration must be endorsed on or made a part of each vital statistics certificate that is altered. Every vital statistics report or certificate that is altered in any way must be marked "Amended", except for amended birth certificates issued pursuant to section 25-2-113.8; the birth report or certificate of a child altered by the addition of a father's name pursuant to section 25-2-112 (3), in which case, upon request of the parents, the surname of the child shall be changed on the report and certificate to that of the father; or additions and minor corrections made within one year after the date of the statistical event as may be specified by applicable rules. A child's surname may be changed upon affidavit of the parent that the change is being made to conform the child's surname to the parent's legal surname.
(2) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person, or upon the request of his parent, guardian, or legal representative if he is under a legal disability, the original certificate of birth shall be amended to reflect the new name thereon.
(3) In the event the state registrar alters a birth certificate or death certificate, he shall promptly report the amendment to any other custodians of the vital statistics record and their records shall be amended accordingly.
(4) Repealed.
(5) When an applicant does not submit the minimum documentation required in the regulations for amending a vital statistics record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital statistics record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
C.R.S. § 25-2-116 Institutions to keep records - persons to furnish information
25-2-116. Institutions to keep records - persons to furnish information. (1) Every person in charge of an institution shall keep a record of personal particulars and dates concerning each person admitted or confined to such institution. This record shall include such information as required by the standard certificate of birth, death, and fetal death forms issued under the provisions of this article. The record shall be made at the time of admission. The name and address of the person providing the information shall appear on the record.
(2) When a dead human body is released or disposed of by an institution, the person in charge of the institution shall record the name of the deceased, date of death, name and address of the person to whom the body is released, and date of removal from the institution, or, if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded.
(3) Any person having knowledge of the facts shall furnish such information as he may possess regarding any birth, death, fetal death, adoption, marriage, or dissolution of marriage upon demand of the state registrar.
C.R.S. § 25-2-117 Certified copies furnished - fee
25-2-117. Certified copies furnished - fee. (1) Vital statistics records shall be treated as confidential, but the department of public health and environment shall, upon request, furnish to any applicant having a direct and tangible interest in a vital statistics record a certified copy of any record registered under the provisions of this article. Any copy of the record of a birth or death, when properly certified by the state registrar or as otherwise directed by the state registrar to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated.
(2) An applicant shall pay fees established pursuant to section 25-2-121 for each of the following services:
(a) The reproduction and certification of birth or death records; except that an applicant shall not pay a fee:
(I) For the provision of a certified copy of such a record to:
(A) Another state agency;
(B) A county department of human or social services; or
(C) An individual presenting a letter of referral from a county department of human or social services; or
(II) If the applicant is a delegate child support enforcement unit acting pursuant to article 13 of title 26, C.R.S.;
(b) Any search of the files and records of the state registrar when no certified copy is made, such fee to pertain to each hour or fractional hour of time of the search;
(c) The processing of new certificates, delayed certificates, or corrected certificates;
(d) The verification of marriage or divorce;
(e) The reproduction of various vital statistics, publications, reports, and data services; and
(f) The verification of a civil union or dissolution of a civil union.
(3) To preserve vital statistics records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports. When certified by the state registrar, such reproductions shall be accepted as the original records. The documents from which permanent reproductions have been made and verified may be disposed of as provided by regulation.
C.R.S. § 25-2-118 Penalties
25-2-118. Penalties. (1) Except as otherwise provided for in section 25-2-112.7 with respect to misrepresentation of material information in the preparation of a birth certificate, any person who knowingly and willfully makes any false statement in or supplies any false information for or for purposes of deception applies for, alters, mutilates, uses, attempts to use, applies for amendments thereto, or furnishes to another for deceptive use any vital statistics certificate, and any person who knowingly and willfully and for purposes of deception uses or attempts to use or furnishes for use by another any vital statistics certificate knowing that such certificate contains false information or relates to a person other than the person with respect to whom it purports to relate, and any person who manufactures, advertises for sale, sells, or alters any vital statistics certificate knowing or having reason to know that such document establishes or may be used to establish a false status, occupation, membership, license, privilege, or identity for himself or herself or any other person, and any person who uses any such document to commit a crime commits a class 2 misdemeanor.
(2) Any person who willfully violates any of the provisions of this article 2 or refuses or neglects to perform any of the duties imposed upon the person by this article 2 commits a petty offense.
C.R.S. § 25-2-119 Tax on court action affecting vital statistics
25-2-119. Tax on court action affecting vital statistics. (Repealed)
C.R.S. § 25-2-120 Reports of electroconvulsive treatment
25-2-120. Reports of electroconvulsive treatment. (1) Any person who performs electroconvulsive treatment in the state of Colorado shall file a report with the department of public health and environment setting forth the data required by subsection (2) of this section. An institution in which electroconvulsive treatment is performed shall be the reporting entity for all electroconvulsive treatments performed at that institution.
(2) Such reports shall be made to the department of public health and environment on forms prescribed by the department within thirty days after January 1 and July 1 of each year on a semiannual basis and shall contain the following detailed information for each reporting period:
(a) The total number, broken down by inpatient and outpatient and exclusive of substance abuse, of adult psychiatric admissions, minor children psychiatric admissions, and readmissions of both;
(b) The number of patients within each category of paragraph (a) of this subsection (2) who received electroconvulsive treatment;
(c) Statistical information on each patient receiving electroconvulsive treatment including, but not limited to, the following:
(I) Diagnosis;
(II) Number of electroconvulsive treatments;
(III) Age;
(IV) Sex;
(V) Ethnicity;
(VI) Whether such patient was voluntary or involuntary;
(VII) Whether or not such patient was capable of giving his written informed consent;
(VIII) Whether or not any complications resulted from such electroconvulsive treatment, such as cardiac arrest, fracture, apnea, memory loss, or death (including autopsy results with particular attention to the brain);
(IX) The method of payment for such electroconvulsive treatment and, if applicable, the name of the insurance company making such payments.
(3) The name of the patient receiving electroconvulsive treatment shall remain confidential information and shall not be disclosed to the department, any other agency or individual. The forms prescribed by subsection (2) of this section shall not require any information which would disclose, directly or indirectly, the identity of the patient.
C.R.S. § 25-2-121 Fee adjustments - vital statistics records cash fund created
25-2-121. Fee adjustments - vital statistics records cash fund created. (1) This section shall apply to all activities of the office of the state registrar in the department of public health and environment.
(2) (a) The office of the state registrar shall propose, as part of its annual budget request, an adjustment in the amount of each fee that the office of the state registrar is authorized by law to collect. The budget request and the adjusted fees for the office of the state registrar shall reflect its direct and indirect costs and the direct and indirect costs necessary to maintain and operate the Colorado responds to children with special needs program.
(b) (I) Based upon the appropriation made and subject to the approval of the executive director of the department of public health and environment, the office of the state registrar shall adjust its fees so that the revenue generated from said fees approximates its direct and indirect costs and the direct and indirect costs necessary to maintain and operate the Colorado responds to children with special needs program. Such fees shall remain in effect for the fiscal year for which the budget request applies. All fees collected by the office of the state registrar shall be transmitted to the state treasurer, who shall credit the same to the vital statistics records cash fund, which fund is hereby created. All moneys credited to the vital statistics records cash fund and all interest earned thereon shall be subject to appropriation by the general assembly to be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund.
(II) For those services required by this article and those services provided by the Colorado responds to children with special needs program, each office designated or established pursuant to section 25-2-103 shall charge fees as specified by the state registrar. Such fees shall be used for the purpose of paying the direct and indirect costs of the office and the office of the state registrar for compliance with the provisions of this article and the direct and indirect costs necessary to maintain and operate the Colorado responds to children with special needs program.
(c) Beginning July 1, 1985, and each July 1 thereafter, whenever moneys appropriated to the office of the state registrar for its activities for the prior fiscal year are unexpended, said moneys shall be made a part of the appropriation to the office of the state registrar for the next fiscal year, and such amount shall not be raised from fees collected by the office of the state registrar. If a supplemental appropriation is made to the office of the state registrar for its activities and the services provided by the Colorado responds to children with special needs program, the fees of the office of the state registrar, when adjusted for the fiscal year following that in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Moneys appropriated to the office of the state registrar in the annual general appropriation act shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the office of the state registrar.
(d) For purposes of this section, "Colorado responds to children with special needs program" means the program established within the department of public health and environment under the authority of section 25-1.5-105.
(3) and (4) Repealed.
C.R.S. § 25-2-122 Heirloom birth and marriage certificates - funds created - report - rules - definitions
25-2-122. Heirloom birth and marriage certificates - funds created - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Heirloom birth certificate" means a birth certificate that is suitable for display and may bear the seal of the state and be signed by the governor.
(b) "Heirloom marriage certificate" means a marriage certificate that is suitable for display and may bear the seal of the state and be signed by the governor.
(2) (a) In addition to any other birth certificate issued pursuant to section 25-2-112, the state registrar shall issue, upon request and upon payment of a fee established by rule of the state board of health, an heirloom birth certificate representing the birth of the individual named on the original birth certificate. The state registrar may establish procedures for issuing heirloom birth certificates; except that an heirloom birth certificate shall be issued in a form consistent with the need to protect the integrity of vital records, including secure measures designed to prevent tampering, counterfeiting, or otherwise duplicating the birth certificate for fraudulent purposes, pursuant to the federal "Intelligence Reform and Terrorism Prevention Act of 2004", 5 U.S.C. sec. 301.
(b) An heirloom birth certificate shall have the same status as evidence as that of an original birth certificate.
(c) The fee established pursuant to paragraph (a) of this subsection (2) shall be sufficient to cover the direct and indirect costs of producing and issuing the heirloom birth certificate, plus an additional ten dollars. The state registrar shall transmit moneys generated pursuant to this subsection (2), along with an explanation of the number of heirloom birth certificate sales that correspond to such moneys, to the state treasurer, who shall credit:
(I) For each sale of an heirloom birth certificate, ten dollars to the immunization fund created in section 25-4-1708; and
(II) The remainder of such moneys to the vital statistics records cash fund created in section 25-2-121.
(3) (a) In addition to any other marriage certificate issued pursuant to section 25-2-106, the state registrar shall issue, upon request and upon payment of a fee established by rule of the state board of health, an heirloom marriage certificate representing the marriage of the persons named on the original marriage certificate recorded in the county clerk and recorder's office. The state registrar may establish procedures for issuing the heirloom marriage certificates; except that an heirloom marriage certificate shall be issued in a form consistent with the need to protect the integrity of vital records.
(b) An heirloom marriage certificate shall have the same status as evidence as that of an original marriage certificate.
(c) The fee established pursuant to paragraph (a) of this subsection (3) shall be sufficient to cover the direct and indirect costs of producing and issuing the heirloom marriage certificate, plus an additional ten dollars. The state registrar shall transmit moneys generated pursuant to this subsection (3), along with an explanation of the number of heirloom marriage certificate sales that correspond to such moneys, to the state treasurer, who shall credit:
(I) For each sale of an heirloom marriage certificate, ten dollars to the Colorado domestic abuse program fund created in section 39-22-802, C.R.S.; and
(II) The remainder of such moneys to the vital statistics records cash fund created in section 25-2-121.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026