C.R.S. § 14-15-101 Short title
14-15-101. Short title. This article is known as the "Colorado Civil Union Act".
Colorado Civil Union Act
C.R.S. tit. 14, art. 15
in effectC.R.S. § 14-15-102 Legislative declaration
14-15-102. Legislative declaration. The general assembly declares that the public policy of this state, as set forth in section 31 of article II of the state constitution, recognizes only the union of one man and one woman as a marriage. The general assembly declares that the purpose of this article is to provide eligible couples the opportunity to obtain the benefits, protections, and responsibilities afforded by Colorado law to spouses consistent with the principles of equality under law and religious freedom embodied in both the United States constitution and the constitution of this state. The general assembly declares that a second purpose of the act is to protect individuals who are or may become partners in a civil union against discrimination in employment, housing, and in places of public accommodation. The general assembly further finds that the general assembly, in the exercise of its plenary power, has the authority to define other arrangements, such as a civil union between two unmarried persons regardless of their gender, and to set forth in statute any state-level benefits, rights, and protections to which a couple is entitled by virtue of entering into a civil union. The general assembly finds that the "Colorado Civil Union Act" does not alter the public policy of this state, which recognizes only the union of one man and one woman as a marriage. The general assembly also declares that a third purpose in enacting the "Colorado Civil Union Act" is to state that Colorado courts may offer same-sex couples the equal protection of the law and to give full faith and credit to recognize relationships legally created in other jurisdictions that are similar to civil unions created by this article and that are not otherwise recognized pursuant to Colorado law.
C.R.S. § 14-15-103 Definitions
14-15-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Civil union" means a relationship established by two eligible persons pursuant to this article that entitles them to receive the benefits and protections and be subject to the responsibilities of spouses.
(2) "Civil union certificate" means a document that certifies that the persons named in the certificate have established a civil union in this state in compliance with this article.
(3) "Department" means the department of public health and environment.
(4) "Marriage" means the legally recognized union of one man and one woman.
(5) "Partner in a civil union" or "party to a civil union" means a person who has established a civil union pursuant to this article.
(6) "Spouses" means two persons who are married pursuant to the provisions of the "Uniform Marriage Act", part 1 of article 2 of this title.
(7) "State registrar" means the state registrar of vital statistics in the department.
C.R.S. § 14-15-104 Requisites of a valid civil union
14-15-104. Requisites of a valid civil union. (1) To establish a civil union in Colorado, the two parties to the civil union shall satisfy all of the following criteria:
(a) Both parties are adults, regardless of the gender of either party;
(b) Neither party is a party to another civil union;
(c) Neither party is married to another person.
C.R.S. § 14-15-105 Individual - civil union with relative - prohibited
14-15-105. Individual - civil union with relative - prohibited. (1) An individual shall not enter into a civil union with an ancestor or a descendant or with a brother or a sister, whether the relationship is by the half or the whole blood.
(2) An individual shall not enter into a civil union with an uncle or aunt or with a niece or nephew, whether the relationship is by the half or the whole blood.
(3) A civil union between persons prohibited from entering into a civil union by subsection (1) or (2) of this section is void.
C.R.S. § 14-15-106 Restrictions as to minors and wards
14-15-106. Restrictions as to minors and wards. (1) A county clerk and recorder shall not issue a civil union license if either party to the intended civil union is:
(a) Under eighteen years of age; or
(b) Eighteen years of age or older and under guardianship, unless the party under guardianship has the written consent of his or her guardian.
(2) A violation of subsection (1) of this section makes the civil union void.
C.R.S. § 14-15-107 Rights, benefits, protections, duties, obligations, responsibilities, and other incidents of parties to a civil union
14-15-107. Rights, benefits, protections, duties, obligations, responsibilities, and other incidents of parties to a civil union. (1) A party to a civil union has the rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law as are granted to or imposed upon spouses, whether those rights, benefits, protections, duties, obligations, responsibilities, and other incidents derive from statute, administrative or court rule, policy, common law, or any other source of law.
(2) A party to a civil union is included in any definition or use of the terms "dependent", "family", "heir", "immediate family", "next of kin", "spouse", and any other term that denotes the familial or spousal relationship, as those terms are used throughout the Colorado Revised Statutes.
(3) Parties to a civil union are responsible for the financial support of one another in the manner prescribed under law for spouses.
(4) The law of domestic relations, including but not limited to declaration of invalidity, legal separation, dissolution, child custody, allocation of parental responsibilities, parenting time, child support, property division, maintenance, and award of attorney fees, applies to civil unions.
(5) Rights, benefits, protections, duties, obligations, responsibilities, and other incidents under law as are granted to or imposed upon spouses, that apply in like manner to parties to a civil union under this section, include but are not limited to:
(a) Laws relating to title, survivorship, or other incidents of or presumptions with respect to the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property;
(b) Causes of action related to or dependent upon spousal status, including an action based on wrongful death, emotional distress, loss of consortium, dramshop laws, or other torts or actions under contracts reciting, related to, or dependent upon spousal status;
(c) Prohibitions against discrimination based upon spousal status, including but not limited to the provisions of parts 3 to 7 of article 34 of title 24, C.R.S.;
(d) Title 15, C.R.S., including but not limited to matters concerning decedents' estates, wills, trusts, intestate succession, nonprobate transfers, wards, protected persons, and priority for appointment as a conservator, guardian, or personal representative;
(e) Workers' compensation benefits;
(f) The right of a partner in a civil union to be treated as a family member or as a spouse under the "Colorado Employment Security Act" for purposes of unemployment benefits;
(g) Adoption law and procedure;
(h) Group benefit plans for state employees pursuant to part 6 of article 50 of title 24, C.R.S.;
(i) The right to designate a party to a civil union as a beneficiary under the state public employees' retirement system;
(j) Survivor benefits under local government firefighter and police pensions;
(k) Domestic violence programs pursuant to article 7.5 of title 26, emergency protection orders pursuant to section 13-14-103, and the right to receive the protections and programs specified in part 8 of article 6 of title 18;
(l) Rights to apply for compensation as a relative of a victim under the "Colorado Crime Victim Compensation Act", pursuant to part 1 of article 4.1 of title 24, C.R.S., rights to receive restitution under part 2 of article 4.1 of title 24, C.R.S., and the right to be informed of critical stages of the criminal justice process and to be accorded the rights and protections of victims of and witnesses to crimes under parts 2 and 3 of article 4.1 of title 24, C.R.S.;
(m) Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation and notification, including the rights of nursing home patients described in section 25-1-120, C.R.S.;
of the criminal justice process and to be accorded the rights and protections of victims of and witnesses to crimes under parts 2 and 3 of article 4.1 of title 24, C.R.S.;
(m) Laws, policies, or procedures relating to emergency and nonemergency medical care and treatment and hospital visitation and notification, including the rights of nursing home patients described in section 25-1-120, C.R.S.;
(n) Laws or rules regarding the right to visit a partner who is in a correctional facility, as defined in section 17-1-102 (1.7), a local jail, as defined in section 17-1-102 (7), or a private contract prison, as defined in section 17-1-102 (7.3), or who is receiving treatment in a public hospital or a licensed private hospital, clinic, behavioral health safety net provider, or institution that provides treatment for a person with a behavioral or mental health disorder;
(o) Laws relating to:
(I) Declarations concerning the administration, withholding, or withdrawing of medical treatment, which declarations are made pursuant to the provisions of the "Colorado Medical Treatment Decision Act", article 18 of title 15, C.R.S.;
(II) Proxy decision-makers for medical treatment and surrogate decision-makers for health-care benefit decisions, as described in article 18.5 of title 15, C.R.S.;
(III) Directives relating to cardiopulmonary resuscitation, as described in article 18.6 of title 15, C.R.S.; and
(IV) Directives concerning medical orders for scope of treatment forms, as described in article 18.7 of title 15, C.R.S.;
(p) Rights concerning direction of the disposition of the last remains of a deceased party to a civil union pursuant to article 19 of title 15, C.R.S.;
(q) Laws relating to making, revoking, and objecting to anatomical gifts by others pursuant to the "Revised Uniform Anatomical Gift Act", part 2 of article 19 of title 15;
(r) Family leave benefits;
(s) Public assistance benefits pursuant to state law;
(t) Laws relating to immunity from compelled testimony and evidentiary privileges pursuant to section 13-90-107, C.R.S.;
(u) The right to apply for emergency or involuntary certification of a party to a civil union;
(v) The homestead rights of a spouse pursuant to part 2 of article 41 of title 38, C.R.S.;
(w) The ability to protect exempt property from attachment, execution, or garnishment;
(x) (I) Insurance policies for life insurance, including the ability to cover a party to a civil union as a dependent.
(II) This paragraph (x) is effective for plans issued, delivered, or renewed on or after January 1, 2014.
(y) (I) Insurance coverage provided by a health coverage plan, including the ability to cover a party to a civil union as a dependent.
(II) This paragraph (y) is effective for plans issued, delivered, or renewed on or after January 1, 2014.
(z) (I) Other insurance policies that provide coverage relating to joint ownership of property.
(II) This paragraph (z) is effective for plans issued, delivered, or renewed on or after January 1, 2014.
(6) The responsibilities and rights of parties to a civil union with respect to the biological child of one of the parties, which child is conceived during the term of the civil union, are determined as if the parties were spouses subject to the provisions of section 19-4-105, C.R.S. A party to a civil union has the right to adopt through the same process outlined for a stepparent adoption in accordance with section 19-5-203, C.R.S., if the child of the other party to the civil union is otherwise available for adoption pursuant to section 19-5-203 (1)(d), C.R.S.
C.R.S. § 14-15-108 Modification of civil union terms through an agreement
14-15-108. Modification of civil union terms through an agreement. (1) Parties to a civil union may create agreements modifying the terms, conditions, or effects of a civil union in the manner specified in part 3 of article 2 of this title.
(2) Notwithstanding the provisions of subsection (1) of this section, the provisions of this article and the provisions of part 3 of article 2 of this title do not invalidate or affect an otherwise valid domestic partnership agreement or civil contract between two individuals who are not married to each other in which the individuals set forth an agreement about the rights and responsibilities regarding matters similar to those that may be addressed by a contract under part 3 of article 2 of this title if the agreement or contract was made prior to May 1, 2013, or, if made on or after May 1, 2013, the agreement or contract is not made in contemplation of entering into a civil union under this article.
C.R.S. § 14-15-109 Civil union license and certificate
14-15-109. Civil union license and certificate. (1) The executive director of the department shall prescribe the form for an application for a civil union license, consisting of, at a minimum, the following information:
(a) Name, sex, address, social security number, and date and place of birth of each party to the proposed civil union. For such purpose, proof of date of birth may be obtained from a birth certificate, a driver's license, or other comparable evidence.
(b) If either party has previously been married or has previously been a party to a civil union, the name of the spouse or the name of the other party and the date, place, and court in which the marriage or civil union was dissolved or declared invalid or the date and place of death of the deceased spouse or the deceased party to a civil union;
(c) Name and address of the parents or guardian of each party; and
(d) Whether the parties are related to each other and, if so, their relationship.
(2) The executive director of the department shall prescribe the forms for the civil union license and the civil union certificate. The department shall provide the forms to the county clerk and recorders in the state.
(3) A civil union license and a civil union certificate do not constitute evidence of the parties' intent to create a common law marriage.
C.R.S. § 14-15-110 Issuance of a civil union license - certification - fee
14-15-110. Issuance of a civil union license - certification - fee. (1) When both parties to a proposed civil union complete a civil union application and at least one party appears, or both parties appeared if permitted pursuant to section 14-2-106.5, before the county clerk and recorder and pays to the county clerk and recorder the civil union license fee and other fees described in subsection (2) of this section, and the county clerk and recorder determines that the parties meet the criteria specified in sections 14-15-104, 14-15-105, and 14-15-106, the county clerk and recorder shall issue a civil union license and a civil union certificate form. Both parties to the proposed civil union shall sign the application attesting to the accuracy of the facts stated.
(2) The civil union license fee is seven dollars plus an additional amount established pursuant to section 25-2-121, C.R.S. The county clerk and recorder shall forward the additional amount to the state treasurer who shall credit it to the vital statistics records cash fund pursuant to section 25-2-121, C.R.S. In addition, the county clerk and recorder shall collect a fee of twenty dollars to be transmitted by the county clerk and recorder to the state treasurer who shall credit the same to the Colorado domestic abuse program fund created in section 39-22-802 (1), C.R.S.
C.R.S. § 14-15-110.5 Civil union license and certificate without appearing in person
14-15-110.5. Civil union license and certificate without appearing in person. (1) A county clerk and recorder may permit the parties to a proposed civil union to satisfy the requirement to appear before the county clerk and recorder by an interactive audiovisual communication technology or online functionality, for the following limited purposes:
(a) To verify application information;
(b) To present satisfactory proof, as required, that each party to the civil union meets the criteria to enter into a civil union;
(c) To present satisfactory proof that the civil union is not prohibited; or
(d) To pay required fees.
(2) A county clerk and recorder shall not permit the procedure described in subsection (1) of this section if either of the parties are under eighteen years of age, or if the parties are using interactive audiovisual technology and are unable to appear together. Nothing in this section changes any requirement that must be satisfied in the state of Colorado.
(3) A county clerk and recorder who permits the parties to a proposed civil union to satisfy certain requirements without appearing in person and staff members who carry out duties on behalf of the county clerk and recorder pursuant to this section shall complete the training and curricula developed by the human trafficking council created in section 18-3-505 for persons who work in or who frequent places where human trafficking victims are likely to appear. The training and curricula must be completed prior to permitting parties to a proposed civil union to satisfy certain requirements without appearing in person pursuant to this section; except that if a county clerk and recorder permits the parties to a proposed civil union to satisfy certain requirements without appearing in person on and before June 18, 2021, the training and curricula must be completed no later than thirty days after June 18, 2021. A county clerk and recorder who permits the parties to a proposed civil union to satisfy certain requirements without appearing in person shall maintain records demonstrating compliance with this subsection (3) and shall display a notice of compliance with this subsection (3) in a place that is accessible to the public in the county clerk and recorder's office and on its website. A county clerk and recorder and staff members who carry out duties of the county clerk and recorder shall complete the training and curricula requirements pursuant to this subsection (3) at least once every year for as long as the county clerk and recorder permits the parties to a proposed civil union to satisfy certain requirements without appearing in person pursuant to this section.
(4) Repealed.
C.R.S. § 14-15-111 When civil union licenses issued - validity
14-15-111. When civil union licenses issued - validity. The county clerk and recorder shall issue a civil union license only during the hours that the office of the county clerk and recorder is open as prescribed by law and at no other time and shall show the exact date and hour of the license's issue. A civil union license is not valid for use outside the state of Colorado. Within the state, a civil union license is not valid for more than thirty-five days after the date of issue. If a civil union license is not used within thirty-five days, it is void, and one of the parties shall return the civil union license to the county clerk and recorder that issued the license for cancellation.
C.R.S. § 14-15-112 Persons authorized to certify civil unions - registration - fee
14-15-112. Persons authorized to certify civil unions - registration - fee. (1) A civil union may be certified by a judge of a court, by a district court magistrate, by a county court magistrate, by a retired judge of a court, by the parties to the civil union, or in accordance with any mode of recognition of a civil union by any religious denomination or Indian nation or tribe.
(2) Within sixty-three days after the date on which the civil union is certified, either the person certifying the civil union or, if no individual acting alone certifies the civil union, a party to the civil union shall complete the civil union certificate and return the certificate to the county clerk and recorder's office that issued the license. A person who fails to return the civil union certificate to the county clerk and recorder as required by this section shall pay to the county clerk and recorder a late fee in an amount not less than twenty dollars. The county clerk and recorder may assess an additional five-dollar late fee for each additional day of failure to comply with the return requirements of this subsection (2), up to a maximum of fifty dollars. For purposes of determining whether to assess a late fee pursuant to this subsection (2), the date of return is deemed to be the date of postmark.
(3) Upon receiving the civil union certificate, the county clerk and recorder shall register the civil union.
(4) A priest, minister, rabbi, or other official of a religious institution or denomination or an Indian nation or tribe is not required to certify a civil union in violation of his or her right to the free exercise of religion guaranteed by the first amendment to the United States constitution and by section 4 of article II of the state constitution.
C.R.S. § 14-15-113 Civil union license required for certification
14-15-113. Civil union license required for certification. Persons authorized by section 14-15-112 to certify civil unions shall require a civil union license from the parties before certifying the civil union.
C.R.S. § 14-15-114 Evidence of civil union
14-15-114. Evidence of civil union. A copy of the civil union certificate received from the county clerk and recorder or a record of the civil union received from the state registrar is presumptive evidence of the civil union in all courts.
C.R.S. § 14-15-115 Dissolution, legal separation, and declaration of invalidity of civil unions - jurisdiction - venue
14-15-115. Dissolution, legal separation, and declaration of invalidity of civil unions - jurisdiction - venue. (1) Any person who enters into a civil union in Colorado consents to the jurisdiction of the courts of Colorado for the purpose of any action relating to a civil union even if one or both parties cease to reside in this state.
(2) The district court has jurisdiction over all proceedings relating to the dissolution of a civil union, legal separation of a civil union, or the declaration of invalidity of a civil union, regardless of the jurisdiction where the civil union was entered into. The court shall follow the procedures specified in article 10 of this title, including the same domicile requirements for a dissolution, legal separation, or declaration of invalidity for such proceedings.
(3) A proceeding relating to the dissolution of a civil union, legal separation of a civil union, or the declaration of invalidity of a civil union may be held in the county where the petitioner or respondent resides or where the parties' civil union certificate was issued; except that process may be directed to any county in the state. A respondent's objection to venue is waived if not made within such time as the respondent's response is due.
C.R.S. § 14-15-116 Reciprocity - principle of comity
14-15-116. Reciprocity - principle of comity.
(1) Repealed.
(2) Under principles of comity, a civil union, domestic partnership, or substantially similar legal relationship between two persons that is legally created in another jurisdiction shall be deemed to be a civil union for purposes of Colorado law as set forth in this article.
C.R.S. § 14-15-117 Application of article to joint tax returns - legislative declaration
14-15-117. Application of article to joint tax returns - legislative declaration. (1) The general assembly finds that some partners in a civil union may legally have their federal taxable income determined on either separate federal tax returns or on a joint federal tax return. Since Colorado income tax filings are tied to the federal income tax form by requiring taxpayers to pay a percentage of their federal taxable income as their state income taxes:
(a) Partners in a civil union who have their federal taxable income determined on separate federal tax returns must have such income separately determined for purposes of the Colorado income tax; and
(b) Partners in a civil union who have their federal taxable income determined on a joint federal tax return must have their state taxable income determined based on their joint federal taxable income.
C.R.S. § 14-15-118 Construction
14-15-118. Construction. The provisions of this article shall not be construed to create a marriage between the parties to a civil union or alter the public policy of this state, which recognizes only the union of one man and one woman as a marriage.
C.R.S. § 14-15-118.5 Construction - effect when parties to a civil union marry - dissolution process
14-15-118.5. Construction - effect when parties to a civil union marry - dissolution process. (1) When parties who have entered into a civil union pursuant to this article subsequently marry, the effect is a merger of the two relationship statuses. Once merged, the civil union terminates as of the date of the solemnization of the marriage or determination of a common law marriage and no separate dissolution of the civil union is required.
(2) If one or both parties to a marriage that has been merged with a civil union subsequently desire to dissolve the marriage, legally separate, or have the marriage declared invalid, one or both of the parties must file a petition in accordance with the procedures specified in article 10 of this title.
(3) If a civil union and marriage were merged, any calculation of the duration of the marriage includes the time period during which the parties were in a civil union.
C.R.S. § 14-15-119 Severability
14-15-119. Severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-14.docxFetched: 10/6/2026