Colorado Surrogacy: Laws & Complete Guide
General Surrogacy context in Colorado
In the Colorado Surrogacy Guide, SurrogateFirst compiles the latest available information from official sources to answer key questions, including:
- Is gestational and traditional surrogacy legal in Colorado?
- What specific surrogacy requirements apply in Colorado, if any?
- What must be included in a legally valid Colorado surrogacy contract?
- What factors influence the cost of surrogacy in Colorado, including s compensation and agency fees?
- What influences how much surrogacy costs and surrogates get compensated in Colorado compared to other states?
- How friendly is LGBTQ+ surrogacy in Colorado?
Is Surrogacy Legal in Colorado?
Statutory & case-law breakdown In Colorado
Colorado has a specific legal framework for surrogacy under the Colorado Surrogacy Agreement Act, which took effect in 2021. The law sets requirements for gestational and genetic surrogacy agreements, establishes eligibility rules for surrogates and intended parents, allows compensation, and provides a process for establishing legal parentage.
Although this guide can give you a better understanding of the general rules and regulations of surrogacy in Colorado, it is not meant to be used as legal advice. It is important to consult with an experienced reproductive attorney to guide you through your journey.
Is Gestational Surrogacy Legal in Colorado?
Yes. Gestational surrogacy is legal in Colorado and is specifically regulated under the Colorado Surrogacy Agreement Act. The law sets requirements for eligible surrogates and intended parents, surrogacy agreements, compensation, and parentage.
Is Traditional Surrogacy Legal in Colorado?
Yes. Colorado law permits genetic surrogacy, also known as traditional surrogacy, in which the surrogate’s own egg is used to create the pregnancy. The Colorado Surrogacy Agreement Act applies to both gestational and genetic surrogacy agreements.
Traditional surrogacy is much less commonly used than gestational surrogacy because the surrogate is also genetically related to the child. This can create additional legal and emotional considerations, so this type of arrangement should be approached carefully with experienced legal counsel.
That is much better than the current sentence saying courts “may favor the biological mother,” which no longer accurately reflects Colorado’s statutory framework for a compliant genetic surrogacy agreement.
Is Compensated Surrogacy Legal in Colorado?
Traditional surrogacy is much less commonly used than gestational surrogacy because the surrogate is also genetically related to the child. This can create additional legal and emotional considerations, so this type of arrangement should be approached carefully with experienced legal counsel.
That is much better than the current sentence saying courts “may favor the biological mother,” which no longer accurately reflects Colorado’s statutory framework for a compliant genetic surrogacy agreement.
The amount and structure of compensation are agreed upon as part of the surrogacy contract. In addition to base compensation, a surrogate may receive payments or reimbursements for agreed-upon expenses related to the journey. These expenses are as follows:
- Mock cycle compensation
- Embryo transfer compensation
- Starting medication compensation
- Monthly allowance for miscellaneous expenses
- Monthly Housekeeping budget
- Maternity clothing budget
- Medical expenses
Travel to and from clinic/hospital - Lost wages if applicable
- Child care if bed rest is required
- Term life insurance
- Medical insurance
- Independent legal counsel
- Psychological counseling
- Other depending on agency
Definitions: Learn about the difference between all the types of surrogacy here or click the terms to understand each more in depth:
- Gestational Surrogacy vs Traditional
- Compensated Surrogacy (Commercial) vs Altruistic Surrogacy are
Surrogate Compensation in Colorado
Surrogate compensation in the U.S. follows national industry standards and is not determined by state law. Outside of California, compensation ranges are largely consistent nationwide. (California experiences slightly higher ranges due to market demand and cost of living) However, the factor of experience affects more greatly the compensation: repeat surrogates typically receive higher compensation.
Surrogacy Costs in Colorado
For intended parents, the overall cost structure of surrogacy is the same in every state, but individual line items may vary depending on location and professional fees.
Costs related to clinics, legal services and procedures, as well as insurance can vary by state, provider, and individual circumstances. While surrogate compensation, escrow management, agency fee
Surrogacy requirements:
who can become a surrogate in Colorado?
Colorado has specific legal requirements for individuals entering into a surrogacy agreement.
Under the Colorado Surrogacy Agreement Act, a surrogate must:
- Be at least 21 years old
- Have previously given birth to at least one child
- Complete a medical evaluation related to the surrogacy arrangement
- Complete a mental health consultation
- Have independent legal representation from
- an attorney licensed in Colorado throughout the surrogacy arrangement
Each intended parent must also be at least 21 years old, complete a medical evaluation related to the arrangement, and have legal representation from a Colorado-licensed attorney.
Surrogacy agencies and fertility clinics may have additional medical, lifestyle, pregnancy-history, and screening requirements beyond what Colorado law requires.
- Health Based Requirements
- Lifestyle Factors
- Support System.
Note: While the surrogate requirements are consistent nationwide, intended parents must also meet any legal requirements related to contracts and parentage orders of the state they choose to conduct the surrogacy in, which are handled separately (below).
Surrogacy Contract & Court orders in Colorado
Creating a Colorado Surrogacy Contract
Colorado law sets specific requirements for a valid surrogacy agreement.
For the agreement to fall under the Colorado Surrogacy Agreement Act, there must be a sufficient connection to Colorado. At least one party must be a Colorado resident, the birth must occur or be expected to occur in Colorado, or the assisted reproduction related to the agreement must take place in Colorado.
The intended parent or parents, the surrogate, and the surrogate’s spouse, if applicable, must sign the agreement, and the signatures must be notarized. The agreement must also be completed before a medical procedure related to the surrogacy takes place, other than the required medical evaluation and mental health consultation.
Colorado also requires the surrogate and intended parent or parents to have appropriate legal representation. The agreement must address important issues including parentage, financial responsibilities, expenses, the surrogate’s right to make decisions about her own health and pregnancy, and each party’s rights regarding termination of the agreement.
A compliant surrogacy agreement is enforceable under Colorado law.
Determining Legal Parentage in Colorado
Colorado law provides a clear process for establishing intended-parent parentage in a surrogacy journey.
When a child is born under a compliant surrogacy agreement, each intended parent is recognized as a parent by operation of law, while the surrogate and the surrogate’s spouse or former spouse are generally not considered parents of the child.
A party to the agreement may also ask a Colorado court for a parentage order before, at, or after the child’s birth. The court can issue the order before birth, with the order taking effect once the child is born. The order can confirm the intended parents’ parentage and direct that they be listed on the child’s birth record.
Most Common FAQ about surrogacy in Colorado
Below is a list of some of the most frequently asked questions about surrogacy in Colorado:
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Colorado?
Yes. A surrogacy agreement that meets the requirements of the Colorado Surrogacy Agreement Act is enforceable under state law. If an agreement does not meet all statutory requirements, a court may still determine the rights and responsibilities of the parties based on their intent when the agreement was signed.
Are there Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Colorado?
Colorado law does not create a separate surrogacy pathway specifically for international intended parents. However, a Colorado surrogacy agreement must have a connection to the state. At least one party must be a Colorado resident, the birth must occur or be expected to occur in Colorado, or the assisted reproduction related to the agreement must take place in Colorado.
International intended parents should also work with an immigration or nationality attorney in addition to their reproductive attorney to understand citizenship, passport, and travel requirements for their child.
When Do Intended Parents Need to Complete an Adoption After Birth?
Adoptions after birth are usually unnecessary in gestational surrogacy cases due to the high availability of pre-birth orders. In traditional surrogacy situations, however, in certain cases, the non-genetic parent will need to pursue a stepparent or second-parent adoption after birth.
Does Colorado Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
Yes. Second-parent adoptions are permitted and are available to unmarried couples; the non-genetic parent may pursue a second-parent adoption. Stepparent adoptions are available to married couples; the intended parent who has no genetic connection to the child born via surrogacy may pursue a stepparent adoption. However, these are usually unnecessary in surrogacy arrangements due to the high availability of pre-birth parentage orders.
What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
Colorado law does not require an intended parent to be genetically related to the child in order to enter into a surrogacy agreement. The law specifically applies to intended parents whether or not they are genetically related to the child, and a donor is not considered a parent solely because they provided eggs or sperm.
Same Sex surrogacy in Colorado
Q: Is Same-Sex Surrogacy Legal in Colorado?
A: Yes. Colorado’s surrogacy law does not limit intended parents based on gender or whether they are married. The statute defines an intended parent as an individual, married or unmarried, who intends to become the legal parent of a child conceived through assisted reproduction.
Same-sex couples and LGBTQ+ intended parents can therefore pursue surrogacy under the same statutory framework, provided the requirements of the Colorado Surrogacy Agreement Act are met.
Q: Are There any Additional Laws Impacting Same-Sex Parenting in Colorado?
A: No. There are no additional laws impacting same-sex parents in this state.
Reproductive law Practitioner in Colorado
Surrogacy Agencies & Legal Professionals in Colorado
Looking for a Surrogacy Agency in Colorado?
Whether a surrogate or intended parent(s), SurrogateFirst offers nation wide coverage and is there to accompany you on your journey in Colorado as your surrogacy agency.
Find out more about how SurrogateFirst can support in Colorado here:
Looking for a surrogacy attorney in Colorado, Denver Littleton & Lakewood?
Choosing the right professionals is an essential part of any surrogacy journey. Here is a non-exhaustive directory of legal professionals active in Colorado, provided for informational purposes.
Ellen Trachman
Denver, CO
etrachman@trachmanlawcenter.com
Visit Trachman Law Center for more details
(303) 243-5014
Judith A. Hoechst
Littleton, CO
judith@coloradoreproductivelaw.com
Visit Colorado Reproductive Law for more details
(303) 549-7799
Grob & Eirich, LLC
Lakewood, CO
onedine@grobeirich.com
Visit Grob & Eirich, LLC for more details
(303) 816-8147
Need some help with Legal Aspects of surrogacy in Colorado?
What is the Surrogacy Process in Colorado?
The surrogate process – when it comes to gestational surrogacy – follows the same surrogacy program in all states:
- Step 1 . Learning & Research
- Step 2: Application & Consultation
- Step 3. Matching
- Step 4. Medical Screening
- Step 5. Contract & Escrow
- Step 6. Insurance coordination 1 week
- Step 7. IVF & Embryo transfer 6-7 weeks
- Step 8. Pregnancy 36-38 weeks
- Step 9. Delivery & Birth a few hours
