Ellen Trachman and Judith Hoechst, assistive reproductive attorneys and on the board of Colorado Fertility Advocates, cannot speak to the entire UPA but can speak to section 7 and section 8 of the uniform act regarding assistive reproductive technology and surrogacy. Colorado's statutes are inadequate to deal with this flourishing technology. Colorado has some of the best doctors practicing in this area of medicine and people come here from all over the world for reproductive assistance. Colorado has section 19-4-106, C.R.S., which refers only to donors and contains out-of-date terminology and definitions. Additional judicial action is required regarding pre-birth orders in order to protect parental rights. Section 8 of UPA allows for additional protections for parental rights regarding gestational surrogacy. Parental rights under the UPA regarding traditional/genetic surrogacy is problematic as it allows a 72-hour period of time in which the surrogate can decide to keep the child. The commission noted that there are several groups interested in moving forward with portions of this act and discussed whether a bill should be drafted in order to focus the various groups on what portions can be adopted in Colorado. The commission noted that it is important to have up-to-date and gender-neutral language in the statutes for clarity purposes and discussed how the act applies the best interest of the child. Ms. Hoechst suggested that the ABA model act might be a helpful reference regarding the use of gender-neutral language.
Commissioner Tipper moved to draft the 2017 Uniform Parentage Act as a commission bill for introduction during the 2020 legislative session. Commissioner Levy seconded and the motion passed without objection. Commissioners Tipper and Scott agreed to act as commission contacts on the bill. Commissioner Tipper agreed to sponsor the bill.