‘Marlo’s Law’ is Heading to the Colorado Governor’s Desk

On April 1, HB22-1153, “Marlo’s Law,” passed its final reading in the Colorado Senate 55-0, with 10 law-makers excused. Now, the bill heads to Governor Jared Polis’ desk.

The bill, “Affirm Parentage Adoption In Assisted Reproduction,” was named after the daughter of Co-Prime Sponsor and House Majority Leader Daneya Esgar and her wife, Heather Palm. 

Last year, Esgar gave birth to Marlo, who was conceived with genetic material from her wife, but they soon found out that Palm would have to go through a formal adoption process in order to be legally recognized as Marlo’s mother. 

“She realized she actually has more rights to the embryos we still have frozen than she actually has to our daughter,” Esgar said on the House floor in February. “Heather has to adopt her own daughter.”

HB22-1153 says that if “a child is conceived or born as a result of assisted reproduction and the person who did not give birth is a parent or a presumed parent, the bill allows the parents to complete an adoption of the child to affirm parentage in accordance.” 

With the bill becoming law, the adoption process will be easier for LGBTQ parents and any other couples that conceive a child in a similar way. 

“As you all may be aware, the House Majority Leader Representative Esgar had a beautiful baby girl, Marlo,” Senator Dominick Moreno said before the Senate vote. “And the reason this bill is actually coming about is because her family experienced this very issue of her partner having to adopt her own biological child. If this bill passes, that will be no longer a reality for so many families across Colorado.”

One Colorado, an LGBTQ organization for Coloradans, released a statement thanking Esgar and her family.

“We are so happy to see this bill make its way to the governor’s desk and grateful to the legislators who supported it. I want to thank House Majority Leader Esgar; her daughter, Marlo; wife, Dr. Heather Palm; and the other LGBTQ families for having the courage to be vulnerable and share their stories,” says Nadine Bridges, executive director of One Colorado. 

“An LGBTQ couple’s decision to become parents is a beautiful one, filled with love and joy, and now there are less obstacles getting in the way of that happening. Parents are parents, not stepparents or second-parents!” Bridges adds. 

If Governor Polis signs HB22-1153, it will take effect 90 days after the general assembly adjourns for the 2022 session.