Colorado offers some of the strongest legal protections for LGBT intended parents pursuing surrogacy in the United States.
With comprehensive legislation and court-friendly precedents, same-sex couples and single LGBT individuals can confidently build their families through surrogacy while securing full parental rights from birth.
Schedule a consultation today to discover exactly how Colorado's LGBT surrogacy laws can fast-track your path to parenthood.
This guide covers everything you need to know about LGBT surrogacy laws in Colorado, from pre-birth parentage orders to birth certificate procedures, helping you navigate the legal landscape with confidence and clarity.
LGBT Surrogacy Laws in Colorado and Establishing Parentage: Will We Get a Pre-Birth Order?
Colorado courts routinely grant pre-birth orders (PBOs) to LGBT intended parents, regardless of whether they're married, unmarried, or single.
This means both parents in a same-sex couple can be legally recognized before the child is born, eliminating the need for lengthy post-birth adoption procedures.
What makes Colorado exceptional for LGBT surrogacy?
Pre-birth orders are available to married same-sex couples using egg or sperm donors, and unmarried same-sex couples using egg or sperm donors.
Even more remarkably, Colorado law is clear that an intended parent is not required to be genetically related to the child to receive recognition as a parent.
The Colorado Surrogacy Agreement Act (HB21-1022), signed into law in 2021, established consistent standards and procedural safeguards to protect the rights and best interests of children, surrogates, and intended parents.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Colorado?
The answer is a resounding yes. Colorado law supports single intended parents in addition to couples and LGBTQ+ intended parents, with no requirement for genetic relation to the child.
For same-sex male couples using egg donation, both fathers can be named as legal parents through a pre-birth order. Same-sex female couples using sperm donation receive the same protection.
The parties can consent to jurisdiction and venue in a particular county, making the process streamlined regardless of where you live within Colorado.
Key protections for non-genetic parents:
No genetic connection required for legal parentage Pre-birth orders ensure that both parents are legally recognized before the child is born Court precedents consistently favor LGBT parental rights
What If We're Not Married — Can We Both Be Legal Parents?
Both married and unmarried LGBTQ+ couples can receive pre-birth orders in Colorado. Your marital status does not impact your ability to both be recognized as legal parents from birth.
Unmarried LGBT couples benefit from the same legal protections as married couples when establishing parentage through surrogacy. The pre-birth order process remains identical, and both parents will appear on the birth certificate regardless of marital status.
I'm a Single Parent — Can I Still Be Declared the Legal Parent in Colorado?
Colorado law supports single intended parents pursuing surrogacy, including single gay, lesbian, bisexual, or queer individuals.
Whether you're using your own gametes with donor sperm or egg, or using both donor gametes, you can obtain a pre-birth order establishing your parental rights.
Single LGBT parents follow the same pre-birth order process as couples, with courts treating single-parent surrogacy cases with equal consideration. Intended parents can proceed with a gestational carrier in Colorado regardless of their marital status, sexual orientation, genetic connection, or need for surrogacy.
How Will Our Names Appear on the Birth Certificate in Colorado?
Same-sex parents are named on the final birth certificate as Mother and Mother, Father and Father, Parent and Parent, or Mother and Parent.
Colorado offers flexibility in how LGBT parents are listed, allowing couples to choose the terminology that best reflects their family structure.
Birth certificate options for LGBT couples:
Father and Father (for same-sex male couples) Mother and Mother (for same-sex female couples) Parent and Parent (gender-neutral option) Mother and Parent (mixed terminology by preference)
How Long Will It Take to Get the Birth Certificate?
The typical time frame to obtain a birth certificate after delivery is several days, if all goes smoothly. With a properly executed pre-birth order, the hospital receives direction to list both intended parents on the birth certificate immediately upon birth.
The Colorado Office of Vital Records processes birth certificates efficiently when pre-birth orders are in place. Most LGBT couples receive their official birth certificate within one week of birth, though expedited processing may be available if needed for travel or other urgent circumstances.
Do We Need a Second Parent Adoption After Surrogacy in Colorado?
In most cases, no. Adoptions after birth are usually unnecessary in gestational surrogacy cases due to the high availability of pre-birth orders.
However, LGBTQ+ couples can also pursue second-parent adoption after the child's birth if needed to further solidify legal parental rights.
When might second parent adoption be considered:
Additional legal security for interstate travel Requirements from international residence Personal peace of mind Specific attorney recommendations
Colorado allows second parent adoptions, with couples not needing to be married to obtain a second parent adoption, though they must be married or in a civil union to obtain a stepparent adoption.
How Surrogacy Contracts Protect LGBT Parents in Colorado
Colorado law requires that surrogacy agreements permit the surrogate to make her own healthcare decisions, including choosing her own doctors. For LGBT intended parents, contracts must also address specific protections around parental rights and the pre-birth order process.
Essential contract provisions for LGBT couples:
- Clear establishment of intended parentage
- Pre-birth order timeline and responsibilities
- Decision-making authority during pregnancy
- Compensation and expense coverage
- Healthcare decision protocols
- Emergency contact procedures
The contract will also outline the process for obtaining legal recognition of the parents of the child. In Colorado, this is typically done through a pre-birth parentage petition, resulting in a pre-birth order.
Why Work With a Surrogacy Agency If You're an LGBT Couple in Colorado
LGBT couples benefit significantly from agency support, particularly around legal navigation and surrogate matching. Colorado has a favorable legal environment for same-sex and transgender surrogacy arrangements, including the placement of the names of both partners (or a single male or female parent) on the birth certificate.
Key agency benefits for LGBT couples:
Access to attorneys specializing in LGBT surrogacy law Connect with surrogates who actively support LGBT family building Guidance through every legal and medical step Proper contracts and insurance coordination Professional oversight from matching through birth
American Surrogacy partners with attorneys who specialize in family formation law to ensure that parental rights are affirmed and safeguarded for all LGBT intended parents.
Finding an LGBT-Friendly Surrogacy Attorney in Colorado
Colorado offers several experienced attorneys specializing in LGBT surrogacy laws, here’s a few:
- Judith A. Hoechst (Littleton): Hoechst provides reproductive legal services for every part of the family formation & surrogacy process, including pre and post birth parentage orders, birth certificates, reproductive clinic referrals and agency agreement reviewers for intended parents.
- Emily McArthur (Evergreen): Specializing in ART, McArthur can help you with surrogacy agreement, pre and post birth orders and egg and sperm donation agreements.
- Nicole Patterick (Denver): Patterick’s expertise revolves around the evolving laws and requirements of third-party reproducation using assisted reproductive technology (“ART”).
How to Get Started With LGBT Surrogacy in Colorado
Colorado's comprehensive legal framework makes it one of the best states for LGBT surrogacy. Understanding gay surrogacy laws in Colorado helps couples navigate the process with confidence.
Your next steps:
- Schedule a consultation with an experienced LGBT surrogacy agency
- Connect with a Colorado-licensed reproductive attorney
- Begin surrogate matching with LGBT-supportive candidates
- Prepare legal documentation for pre-birth orders
- Coordinate medical procedures with fertility clinics
American Surrogacy has helped hundreds of LGBT couples navigate LGBT surrogacy laws in Colorado successfully. Our experienced team ensures your parental rights are protected from day one
What if you could be holding your baby in less than a year? Take the first step toward Colorado surrogacy today — contact American Surrogacy to speak with specialists who understand exactly what LGBT families need to succeed.