GESTATIONAL SURROGACY LAW COLORADO

Is Gestational Surrogacy Legal in Colorado?

Yes. Since there are no laws prohibiting gestational surrogacy, it is considered legal.    

Is Traditional Surrogacy Legal in Colorado?

Yes. Similar to gestational surrogacy, there are no laws prohibiting traditional surrogacy, it is considered legal. 

Traditional surrogate journeys are rare because in these cases, the surrogate is the biological mother of the child and courts may favor the biological mother;  therefore very few attorneys will complete a traditional surrogacy in Colorado.  

Is Compensated Surrogacy Legal in Colorado?

Yes. Compensated surrogacy is legal because there are no laws prohibiting it; this is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below: 

• 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

Creating a Colorado Surrogacy Contract

There are no state regulations that address the process of creating surrogacy agreements in Colorado.  However, intended parents and their surrogate must be represented by separate surrogacy attorneys to ensure that each parties’ rights and interests are protected. These attorneys will negotiate an agreement that addresses at least the following: 

• The rights and responsibilities of each party
• Any potential risks and liabilities and the steps to take should they occur
• Surrogate compensation and other financial information, like surrogacy insurance
• Agreements on sensitive issues like selective reduction and termination
• Contact expectations throughout the journey
• Confidentiality issues
• And more

Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.   

Determining Legal Parentage in Colorado

Pre-birth parentage orders are frequently issued regardless of whether the intended parent(s) are single or a couple, married or unmarried, same-sex or heterosexual. In general, it’s a relatively simple process to establish parental rights in this state.