Governor Polis Signs ‘Marlo’s Law,’ Extending Parental Rights in Assistive Reproduction

Many Coloradans have closely watched the course of Marlo’s Law as it reached the desk of Colorado Governor Jared Polis. Marlo’s Law was named after Colorado’s House Majority Leader Daneya Esgar’s daughter. Esgar has shared her story of the hurdles she and her wife, Heather Palm, faced when gaining parentage of Marlo.

Marlo was conceived via assistive reproduction (AR) using Palm’s genetic material, while Esgar gave birth to their daughter. Despite both Palm and Esgar being listed as the parents on Marlo’s birth certificate, they both later found that Palm would have to go through a step-parent adoption process to be legally recognized as Marlo’s mother.

Unfortunately, this story isn’t unique to Palm and her family this discrimination happens to many LGBTQ parents as they step forward to form their own families.

As stated by GLBTQ Advocates & Defenders, or GLAD, Marlo’s law would not only streamline the process for non-biological parents of children conceived through AR to complete adoptions and gain parentage, but it will also make AR provisions and parentage presumptions in Colorado gender-neutral and expand overall access to establishing parentage. 

Governor Polis signed the bill this past Monday, May 23.

“This makes it automatic, just like it is for non-assisted reproduction,” Polis says. “This bill really affirms our commitment to a Colorado for all.”

Many LGBTQ folks, allies, and advocate groups rejoiced after the signing, including the Human Rights Campaign (HRC).

“Governor Polis’s signature on this bill is a significant step forward in ensuring the legal recognition of the parent-child relationship for children conceived with reproductive assistance,” says Sarah Warbelow, HRC’s legal director, in a statement. “Modernizing the laws benefits many LGBTQ+ people in Colorado as they become parents and create families by removing barriers to the legal recognition of parenthood, lawmakers are affirming families and providing greater security to children. We applaud Gov. Polis for taking action to support all Colorado families and celebrate this victory for the LGBTQ+ community, “ 

Now parents like Heather Palm and Daneya Esgar are legally recognized and children like Marlo are legally secured under Marlo Law in Colorado.

Photo Courtesy of Jared Polis on Facebook