(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.
Source: L. 2025: Entire article added, (HB 25-1204), ch. 338, p. 1788, § 2, effective August 6.