While mothers automatically are granted parental rights at the time of a child’s birth, the same is not true for fathers unless the father is married to the child’s mother. If the mother and father are married, then the father in question is presumed to be the child’s father, and parental rights are established as such.
For fathers who are unmarried, however, the process is not the same. In fact, even if you and the mother are in agreement that you are the child’s father, if you are not married at the time of your child’s birth, you will need to establish paternity; it will not be assumed. There are two ways to establish paternity in Colorado:
Sign an Acknowledgment of Paternity. Your first option–and the easiest option–for establishing paternity if you are unmarried at the time of your child’s birth is for both you and the child’s mother to sign a voluntary Acknowledgement of Paternity form. If both of you sign this form, as well as a witness, and file it with the Colorado Vital Records Department, paternity will be established. You can do this at the time of your child’s birth at no cost.
Get a court order. If there is any doubt on the part of either party about who the father of the child is, an Acknowledgement of Paternity form will not be signed. If a mother believes that a man is a father, or if a man believes that he is a child’s father and the child’s mother disputes it, either party can ask the court to order that the child and the father submit to DNA testing. If testing confirms that the man is indeed the child’s father, the court will issue an order of paternity.