GESTATIONAL SURROGACY LAW 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
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.
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.
Q: Are Surrogacy Contracts (Whether Compensated or Altruistic) Enforceable in Colorado?
A. Yes. Surrogacy contracts are enforceable because there are no statutes or published case laws prohibiting it.
Q: Are there Any Particular Laws for Parents Outside the United States Who Complete a Surrogacy in Colorado?
A: 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.
Q: When Do Intended Parents Need to Complete an Adoption After Birth?
A: 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.
Q: Does Colorado Allow Second-Parent Adoptions? Who Would Need to Complete a Second-Parent Adoption vs. a Stepparent Adoption (If Applicable)?
A: 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.
Q: What Happens in Cases Where Intended Parents Use a Donor Egg, Sperm or Embryo?
A: Colorado courts will allow intended parents to obtain a parentage order regardless of whether they use a donor egg, sperm, or embryo.
REPRODUCTIVE LAW PRACTITIONERS
Judith A. Hoechat
Grob & Elrich, LLC
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