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 does not have statutory law or published case law that prohibits surrogacy but Colorado courts are typically favorable toward surrogacy.
Although the following 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 attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in 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
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?
Short answer: it is the same as in most states. Surrogate eligibility requirements are largely the same across all U.S. states, as they are driven by the American Society for Reproductive Medicine (ASRM) guidelines as medical guidelines, clinic standards, and ethical best practices rather than state law. There are 3 main categories of criteria that apply in this state and nationwide. However, there are many more details involved. Click below to understand the criteria into details.
- 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
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.
Most Common FAQ about surrogacy in Colorado
Below is a list of some of the most frequently asked questions about surrogacy in Iowa:
Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Colorado?
Yes. Surrogacy contracts are enforceable because there are no statutes or published case laws prohibiting it.
Are there Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Colorado?
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.
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 courts will allow intended parents to obtain a parentage order regardless of whether they use a donor egg, sperm, or embryo.
Same Sex surrogacy in Colorado
Q: Is Same-Sex Surrogacy Legal in Colorado?
A: Yes. There aren’t any specific laws protecting same-sex couples but courts in Colorado have historically and consistently treated same-sex couples the same as heterosexual couples and individuals pursuing surrogacy.
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
