C.R.S. § 19-1.2-105: Parentage of an Indian child - acknowledged or established - applicability of article.

(1) Parentage of an Indian child is acknowledged or established for purposes of this article 1.2 if the individual's parentage has been:

(a) Established pursuant to article 4 of this title 19;

(b) Established pursuant to tribal law; or

(c) Recognized in accordance with tribal custom.

(2) (a) For purposes of determining the biological parent of an Indian child, a court may order genetic tests pursuant to section 19-4-112 or 13-25-126.

(b) If an individual fails to comply with the court's order for genetic tests within a reasonable amount of time, the court may issue a subpoena pursuant to section 19-4-112 or issue an order to compel the individual to appear for genetic tests.

(c) If the genetic tests ordered pursuant to this subsection (2) do not confirm that an individual is the biological parent of the child as provided in section 19-4-105 (1)(f), or if the individual has refused to consent to the genetic tests, the individual is not established as the child's biological parent.

(3) This article 1.2 applies in its entirety if an individual is determined to be a parent of an Indian child, regardless of whether the parent has had prior custody of the Indian child.