Yes. Since there are no laws prohibiting gestational surrogacy, it is considered legal.
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.
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:
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:
Once the contract has been finalized and signed by both parties, the medical process of surrogacy can begin.
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.
Below is a list of some of the most frequently asked questions about surrogacy in Iowa:
Yes. Surrogacy contracts are enforceable because there are no statutes or published case laws prohibiting it.
No. There are no particular laws for parents outside the United States who complete a surrogacy in Colorado. It is important, however, that intended parents from another country speak with an immigration lawyer to ensure they follow the proper legal steps for taking their child home.
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.
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.
Colorado courts will allow intended parents to obtain a parentage order regardless of whether they use a donor egg, sperm, or embryo.
No. There are no additional laws impacting same-sex parents in this state.
Ellen Trachman
Denver, CO
etrachman@trachmanlawcenter.com
trachmanlawcenter.com
(303) 243-5014
Judith A. Hoechst
Littleton, CO
judith@coloradoreproductivelaw.com
coloradoreproductivelaw.com
(303) 549-7799
Grob & Eirich, LLC
Lakewood, CO
onedine@grobeirich.com
grobeirich.com
(303) 816-8147
