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Colorado Surrogacy Law Overview

The Center for Surrogate Parenting walks you through Colorado surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including Colorado surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed over 60 finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about Colorado surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Yes, Colorado has no statutory law or published case law that prohibits surrogacy and Colorado courts are typically favorable towards surrogacy arrangements.

    • Does the state have surrogacy laws and/or case law?

      There are no specific laws, but the statute explaining the rights of sperm and egg donors provides some guidance.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      The courts are typically favorable.

    • Is commercial surrogacy legal?

      Yes, commercial surrogacy is legal in Colorado and the intended parents can compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?


    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since Colorado does not have a statutory rule on this, there is not a specific set of guidelines for when a Colorado judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      The intended parents and surrogate (and her spouse, if applicable) should have independent legal counsel. The surrogate must meet specific requirements. Also, the agreement should include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Yes, both are permitted. Pre-birth parentage orders are commonly issued regardless of the genetic relationship to the child or the intended parents’ marital status or sexual orientation.

    • Can both intended parents be declared the legal parents?

      Yes. Both intended parents can be declared the legal parents in a pre-birth order, regardless of the intended parents’ marital status or sexual orientation (although there is stronger legal support for same-sex couples if they are married or in a civil union). Additionally, it doesn’t matter whether the intended parents used donor sperm or eggs, or if they are genetically related to the child.

    • Will the state honor a pre-birth order issued by another state?

      This is unclear.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents can get the birth certificate about 1-2 weeks after the baby’s birth. Same-sex parents can be named as Mother and Mother, Father and Father, Parent and Parent, or Mother and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They can subsequently obtain a birth certificate that names the biological father or both fathers only, with no mention of the surrogate, by obtaining a post-birth parentage order.

    • Are post-birth adoptions permitted?

      Yes, second parent and stepparent adoptions are permitted. However, they are usually unnecessary in surrogacy arrangements due to the high availability of pre-birth parentage orders.

    • Are second-parent adoptions permitted?

      Yes, second parent adoptions are permitted and available to unmarried couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.