Criteria to Disclaim Someone as a Parent

If the person that you thought was the biological parent of your child isn't, you can ask the court to decide that the person is not the parent.

A case can be filed by:

1. A person who thought they were the biological parent of a child asking the court to decide that they are not an actual parent.
2. The parent asking the court to decide that the person they thought was the other biological parent is not an actual parent.
3. A child asking the court to decide that the person they thought was their parent is not the biological parent.
4. The State Department of Human Services or the County Department of Social Services.

You must file your case soon after you realize that the person you thought was the a biological parent is not an actual biological parent.

You cannot file your case more than 5 years after the child's birth.

Identify Where to File Your Paperwork

You should file your paperwork in the county where the child or the person who you thought was the parent lives or is found, or in any county where public assistance was or is being paid on behalf of the child.

If the person you thought was the father has died, the paperwork should be filed in any county where a probate case has been or could be filed.

Your should file your paperwork in district court unless you are filing in Denver County. If you are filing your paperwork in Denver County, you will need to go to the Denver Juvenile Court.

Use the courts locator to find the correct court location.

Forms and Paperwork Required

Use the forms link above to download and complete the Disclaim Someone as a Parent forms. For detailed instructions on how to fill out these forms, review JDF 1513 Instructions to Disclaim Paternity.

Paperwork Tips

You will be known as the "Petitioner", and the other person will be known as the "Respondent".

You will need to sign JDF 1514 Petition to Disclaim Paternity in front of a notary public or court clerk. You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

Fill out only the top ("caption") part of JDF 1515 Summons to Disclaim Paternity and JDF 1516 Final Order for Paternity, and the court will fill out the rest. You do not need to sign these forms.

How to Submit Paperwork to the Court

1. Take your completed forms to the clerk at the counter in the courthouse. Give the forms to the clerk to file your case.
2. Pay the filing fee. If you do not think you can afford the filing fee, fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee, or visit our File Without Payment section for complete information.
3. Complete any additional forms. The clerk might ask you to complete additional forms. Please follow the clerk's instructions.

Arrange to Serve the Other Person with the Paperwork

After you file your forms with the court, you must arrange to deliver JDF 1514 Petition to Disclaim Paternity and JDF 1515 Summons to Disclaim Paternity to the other person (the Respondent). The process of having these forms delivered to the other person is known as personal service.

The clerk will provide you with a signed copy of JDF 1515 Summons to Disclaim Paternity to be served on the other person.

Self-Help Service of Process will help you understand how to arrange to personally serve the other person and how to return proof of service to the court.

Determine if You Need Genetic Testing

You can ask for genetic testing to show that the person you thought was the father is not the actual father.

Genetic Testing

If you and the other person agree on genetic testing, ask the court for genetic testing using JDF 1506 Agreement for Genetic Testing. Follow the instructions below in Option A to fill out the Agreement.

If you and the other person do not agree on genetic testing, ask the court for genetic testing using JDF 1505 Motion of Genetic Testing. Follow the instructions below in Option B to fill out the Motion.

Option A: Fill Out an Agreement for Genetic Testing

Download and complete JDF 1506 Agreement for Genetic Testing. You and the other person will both sign this form in front of a notary public or court clerk. You do not need to do this at the same time (i.e., you can sign in front of a notary or court clerk, give the form to the other person, and have him/her sign in front of a notary or court clerk at a later time). You can find a local notary public by looking in the Yellow Pages, on the Internet, or by going to your local bank.

You and the other person will need to contact a testing agency to schedule a date and time for the test. Put the date and time of the test on the form.

You and the other person will be responsible for paying the fee for the test.

Option B: Fill Out a Motion for Genetic Testing

Download and complete JDF 1505 Motion of Genetic Testing. You will sign the form, but the other person does not need to sign.

Contact a testing agency to schedule a date and time for the test. Put the date and time of the test of the form.

You will be responsible for paying the fee for the test.

You will need to mail or hand-deliver a copy of JDF 1505 Motion of Genetic Testing to the other person. After you mail or hand-deliver a copy of the form, fill out the Certificate of Service part of the form, then file it with the court.