Colorado § 19-4-108 - Statute of limitations.

§ 19-4-108. Statute of limitations.

An action to determine the existence of the father and child relationship may be brought at any time prior to the child's eighteenth birthday by the mother or father of said child, by the child, or by the delegate child support enforcement agency. If, however, the statute of limitations in effect at the time of the child's birth was less than eighteen years, the delegate child support enforcement agency may bring an action on behalf of the said child at any time prior to the child's twenty-first birthday. An action brought by a child whose paternity has not been determined may be brought at any time prior to the child's twenty-first birthday. This section and section 19-4-107 do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates or to the determination of heirship, or otherwise.

Source: L. 87: Entire title R&RE, p. 795, § 1, effective October 1; entire section amended, p. 1587, § 59, effective October 1. L. 88: Entire section amended, p. 634, § 11, effective July 1. L. 89: Entire section amended, p. 794, § 19, effective July 1.

Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-6-108 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

(2) Prior to the repeal and reenactment of this title in 1987, the statute of limitations to determine a father and child relationship was contained in § 19-6-108. The statute of limitations as contained in that section was changed by L. 85, p. 596, § 18, to eighteen years. For the statute of limitations in effect prior to the change in 1985, see § 19-6-108 as contained in the 1978 Replacement Volume 8 and in annual supplements thereto prior to 1985.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Although § 19-4-107 (1)(a) states that an action for the purpose of declaring the existence of the father and child relationship presumed under § 19-4-105 (1)(a), (1)(b), or (1)(c) may be brought at any time, this section makes it clear that such an action initiated by the mother or father of a child or the "delegate child support enforcement agency" must be brought before the child's eighteenth birthday. If a child whose paternity has not been established initiates an action to declare the existence of the father and child relationship, the action may be brought at any time prior to the child's twenty-first birthday. People in Interest of R.T.L., 780 P.2d 508 (Colo. 1989).

The statute of limitations under this section governs actions brought under § 19-4-107 (2). Although an action under § 19-4-107 (2) can be brought "at any time", this section requires that the action be brought prior to the child's eighteenth birthday. In re Parental Responsibilities of I.M., 2013 COA 107, 410 P.3d 488.

Extension of statute of limitations may create a remedy, but may not revive an existing cause of action. People v. Holleron, 797 P.2d 806 (Colo. App. 1990).

This section violates the equal protection clause of the fourteenth amendment of the U.S. Constitution in that it treated children with presumed fathers differently than children without presumed fathers. People in Interest of J.M.A., 803 P.2d 187 (Colo. 1990) (decided under law in effect prior to 1985 and subsequent amendments).

Period of limitation fixed when cause accrues. The period of limitation to be applied to plaintiff's action is initially determined by the statute effective when the cause accrued, and once the permissible time for commencing an action has expired and the bar created by the statute has attached, the rights and obligations of the parties are fixed. D.Z.M. v. D.A.G., 41 Colo. App. 377, 592 P.2d 1 (1978), aff'd, 199 Colo. 315, 607 P.2d 1004 (1980).

Section does not deny children whose parentage has not been established equal protection since the section bars actions brought by the mother or the state after three years but not actions by or on behalf of the child. People in Interest of T.L.H., 701 P.2d 87 (Colo. App. 1984).