If you’re considering surrogacy in Colorado, know that it is certainly a possibility for you. While there are no specific surrogacy laws in Colorado, other than those pertaining to inheritance rights, there are several laws that deal with assisted reproductive technology (ART). Combine these with a legal process that has evolved specifically for surrogacy cases, and Colorado surrogacy has become a safe and successful way for intended parents to add a child to their family.
Colorado is indeed a surrogacy-friendly state. In fact, many world-renowned fertility clinics who handle third-party reproduction are located in Colorado. The courts and laws in Colorado are extremely favorable for intended parents looking to build their family through gestational surrogacy, traditional surrogacy, egg donation, sperm donation or embryo donation.
Whether you’re an intended parent or prospective surrogate, you can complete a Colorado surrogacy effectively and legally. However, like all surrogacy in the United States, the process can be complicated. Surrogacy in Colorado is still fairly new and, as assisted reproductive technology continues to advance, so will the legal process of surrogacy. Therefore, it’s important that you work with an experienced surrogacy lawyer in Colorado to make sure your rights and interests are protected throughout your surrogacy journey. Your lawyer will also help you understand this process in greater detail.
In the meantime, to help you learn more about Colorado surrogacy, experienced Colorado ART and adoption attorney, Seth Grob, has answered some of your biggest questions here.
Q: Is surrogacy legal in Colorado?
A: Surrogacy is permitted in Colorado because no statue or published case law prohibits it.
Q: Is compensated surrogacy legal in Colorado?
A: Yes. Surrogates in Colorado can receive base compensation in addition to coverage of pregnancy- and surrogacy-related costs.
Q: Is traditional surrogacy legal in Colorado?
A: Yes. While there are inherent risks when a surrogate in Colorado carries a child who’s genetically related to her, traditional surrogacy is legal. Such an arrangement has been validated by the Colorado Court of Appeals.
Q: What does a surrogacy agreement in Colorado cover, and how does the legal process work?
A: A surrogacy agreement will address multiple issues, including but not limited to:
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The intent of the parties
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What pre-screening is going to occur
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What background checks are going to be performed
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What releases, including HIPPA releases, will be executed
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What, when and how payments are going to be made
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What tax issues might arise
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Whether life insurance will be purchased for the surrogate
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The health insurance that will be applicable
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What conception and medical instructions will be included
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What lifestyle prohibitions and prenatal care will be included
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Where the hospital delivery will occur
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Travel restrictions for the surrogate during the pregnancy
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Confidentiality issues
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Future contact
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Establishment of parental rights and procurement of a birth certificate including the names of the intended parents
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The governing law that will apply
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Under what circumstances abortion and selective reduction will occur
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Pre-birth testing
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When a party will be in breach of the contract
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Payment of the child and surrogate’s medical expenses
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When life support will be utilized
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And how disputes will be resolved.
The legal process is as follows: After a match is made, a legal agreement will be drafted by the intended parents’ legal counsel. This agreement will then be reviewed by the surrogate’s attorney. Once an agreed-upon contract is reached, it will be signed by all parties.
Following the embryo transfer and a pregnancy resulting, the intended parents’ legal counsel will typically file a pre-birth parentage action in a Colorado District Court to establish the intended parents as the legal parents upon the child’s delivery and to establish that the surrogate has no legal rights or responsibilities to the child. This pre-birth parentage order issued by the court will be recognized by the delivery hospital to allow the intended parents’ names to go on the child’s birth certificate.
Q: Are surrogacy contracts (whether compensated or altruistic) enforceable in Colorado?
A: Yes, because no statute or published case law prohibits it.
Q: What are the surrogacy laws in Colorado on parentage orders?
A: There are no specific surrogacy laws in Colorado concerning parentage orders. However, by practice, courts grant both pre-birth and post-birth parentage orders based upon Colorado’s Uniform Parentage Act.
Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Colorado?
A: No. However, international intended parents should consult with an attorney in their home country regarding residency or citizenship requirements for a surrogate-born child in the United States.
Q: When do intended parents need to complete an adoption after birth?
A: Typically, no adoptions are done after delivery given that parental rights are usually established pre-birth through a parentage order issued by a Colorado District Court. However, in a traditional surrogacy, the nongenetic parent sometimes will 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, by statute Colorado permits second parent adoptions. In a traditional surrogacy where the intended parents are married, the nongenetic parent will sometimes pursue a stepparent adoption. Alternatively, in a traditional surrogacy where the intended parents are not married, the nongenetic parent will sometimes pursue a second parent adoption.
Q: If intended parents cannot complete a second parent adoption, how can unmarried non-biological intended parents protect their parental rights?
A: Through a parentage action, either prior to or following delivery. Additionally, as noted above, a second parent adoption is permitted in Colorado.
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 in all such cases.
Q: Are there any additional laws impacting same-sex surrogacy in Colorado?
A: No. Colorado is friendly to same-sex surrogacy arrangements.
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Surrogacy in Colorado follows a well-defined legal process developed by experienced attorneys, even if there are no specific Colorado surrogacy laws to look to. Intended parents can successfully and legally have the child they’ve always dreamed about through a surrogacy in Colorado, as long as they work closely with an experienced surrogacy lawyer and a surrogacy agency like American Surrogacy. American Surrogacy also welcomes any women who are interested in becoming a surrogate in Colorado; we’ll help you find the perfect intended parents to carry a child for.
Our surrogacy specialists are always happy to answer any questions you have if you give us a call at 1-800-875-2229.
State law information provided by:
Seth Grob, Esq.
303-679-8266
While we’ve made every effort to provide you updated information on surrogacy in Colorado, remember that laws and restrictions are always subject to change. This information is not intended to be used as legal advice; please contact a local Colorado surrogacy attorney to learn more about the current state of surrogacy in Colorado.