Colorado § 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.

(1.5) "Document memorializing the decedent's gender" or "document memorializing the decedent's gender identity" includes any of the following:

(a) A court order approving a legal name or gender change;

(b) Written instructions from the decedent;

(c) A health-care directive;

(d) Proof of clinical treatment for a gender transition;

(e) Documentation of a change to the gender marker on the decedent's birth certificate; or

(f) A driver's license.

(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.

(2.6) "Gender identity" means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth and is designated on a certificate of death as male, female, or "X", which is a sex designation that is neither male nor female.

(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.

(4.3) "State registrar" means the office of the state registrar of vital statistics created in section 25-2-103 (1).

(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.

Source: L. 67: R&RE, p. 1056, § 1. C.R.S. 1963: § 66-8-2. L. 84: (2.5) and (3.5) added and (6) amended, p. 742, § 3, effective July 1. L. 2000: (2.7) added, p. 1073, § 1, effective August 2. L. 2001: (4.5) added, p. 439, § 1, effective August 8. L. 2004: (4.5) and (5) amended, p. 473, § 1, effective July 1. L. 2019: IP and (3.5) amended, (HB 19-1172), ch. 136, p. 1700, § 149, effective October 1. L. 2021: (2.5) amended, (SB 21-006), ch. 123, p. 497, § 24, effective September 7. L. 2025: (1.5) and (2.6) added, (HB 25-1109), ch. 73, p. 314, § 1, effective April 17; (4.3) added, (SB 25-275), ch. 377, p. 2077, § 208, effective August 6.

Editor's note: Subsection (4.5) was originally numbered as (3.7) in House Bill 01-1325 but has been renumbered on revision for ease of location.

ANNOTATION

Limitation on definition of "fetal death". The definition of "fetal death" in this section does not indicate an intent on the part of the general assembly generally to recognize somatic expiration as the only form of death. It is solely a definition of fetal death. Lovato v. District Court, 198 Colo. 419, 601 P.2d 1072 (1979).