On May 29, 2008, Governor Ritter signed SB 08-183, Concerning the Effect of DNA Evidence of Nonparentage on Child-Related Orders, which modifies Colorado's adaptation of the Uniform Parentage Act.

The act changes C.R.S. 19-4-107.3 to provide for an order determining parentage to be set aside if:

1. Genetic testing determines that the named father is not the biological father, and
2. The Court determines that it is just and proper, and in the best interests of the child, to set aside the parenting determination.

A motion to set aside the parenting determination must be brought within two years of the determination.  For orders entered before August 15, 2008, there is a two-year "open season", seemingly allowing an adjudicated father to challenge a paternity determination with a motion filed by August 15, 2010.

The right to reopen the parenting determination does not apply to:

• An adjudicated father who acknowledged paternity knowing he was not the child's father.
• Fathers who adopted the child at issue.
• Fathers of children conceived by assisted reproduction.

The act also adds a subsection (6) to C.R.S. 14-10-122, providing that a man whose parenting determination has been set aside shall be relieved of his child support obligation for all installments accruing after the motion to set aside was filed, and may, in its option, set aside any child support arrears outstanding from prior to the motion being filed.

There is no provision to recoup support which the adjudicated father has paid prior to the motion to set aside being filed.