Colorado House Bill HB1185

Colorado 2025 Regular Session

• Introduced: 2/10/25
• Refer: 2/10/25
• Report Pass: 3/4/25
• Refer: 3/4/25
• Engrossed: 3/13/25
• Refer: 3/13/25
• Report Pass: 3/31/25
• Refer: 3/31/25
• Engrossed: 4/23/25
• Engrossed: 4/24/25
• Enrolled: 4/24/25
• Passed: 5/1/25

Caption

Child Conceived from Sex Assault Court Proceedings

Summary

HB1185 creates a specific court process for a parent who was sexually assaulted and whose child was conceived as a result of that assault to seek relinquishment of the parent-child legal relationship. The bill applies both when there is a criminal conviction for sexual assault and when there is no conviction but the petitioner alleges sexual assault and proves it by a preponderance of the evidence. It allows the victim-parent to petition juvenile court to prevent future contact with the other parent and to terminate the victim-parent’s legal relationship to the child. The bill also changes the procedures and consequences of relinquishment in these cases. Petitioners may support their claims with court records, police reports, medical or forensic records, genetic testing, mental health or victim-advocate records, or a sworn affidavit. If the court finds the statutory conditions are met, the petitioner is exempt from counseling requirements and from paying guardian ad litem or counsel-for-youth fees. A final order of relinquishment must also end the petitioner’s legal obligations to the child, including child support, at the time of relinquishment. In addition, the bill directs the State Court Administrator to create or update standardized petition forms by January 1, 2026, for both conviction-based and no-conviction cases. It also requires juvenile courts to hear these petitions within 120 days of service or the first appearance date, unless the parties agree otherwise or the court finds good cause to extend the deadline. The bill amends existing Colorado statutes governing termination of the parent-child legal relationship and relinquishment procedures, including sections 19-5-101, 19-5-103, 19-5-104, 19-5-105.5, and 19-5-105.7. The overall sentiment appears strongly supportive and largely noncontroversial in the legislature. The bill passed the House and Senate with overwhelming margins, including unanimous or near-unanimous votes in later stages and a Senate Judiciary recommendation for the consent calendar. That voting pattern suggests broad bipartisan agreement with the bill’s purpose of providing a legal remedy for sexual assault survivors. The main point of contention, to the extent one exists, is the balance between protecting survivors and ensuring adequate proof and due process in cases without a criminal conviction. The bill addresses that concern by requiring supporting documentation or allowing the court to make a finding based on a preponderance of the evidence. Another practical issue is the administrative burden on courts to create standardized forms and manage expedited hearings, but no significant opposition is reflected in the available vote history.

Impact

The bill amends Colorado’s juvenile and family law statutes governing termination of the parent-child legal relationship and relinquishment, adding a new pathway for sexual assault survivors whose child was conceived through assault. It expands the grounds and procedures under which a juvenile court may terminate parental rights, creates evidentiary options for petitioners, exempts qualifying petitioners from certain fees and counseling requirements, and requires termination of child-support and other legal obligations when a final relinquishment order is entered. It also imposes administrative duties on the State Court Administrator to develop standardized petition forms and sets a 120-day hearing timeline for these cases.

Sentiment

Legislative sentiment appears highly favorable and broadly bipartisan. The bill advanced through committee and floor votes with very strong support, including unanimous or near-unanimous votes in the Senate and a 62-0 House third reading vote. The available history suggests the measure was viewed as a targeted remedy for survivors rather than a controversial overhaul of family law.

Contention

The principal tension in the bill is between survivor access to relief and the need to verify claims, especially in cases where no sexual assault conviction exists. The bill responds by allowing multiple forms of documentation and by requiring a court finding under a preponderance-of-the-evidence standard. A secondary issue is the effect on parental obligations, because the bill requires child-support and other legal duties to end upon relinquishment, which could raise policy concerns about the child’s financial support and the scope of parental rights termination. No organized opposition is evident in the recorded votes.