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STATE SURROGACY LAW:

Colorado Surrogacy Laws

Overview

Colorado has no specific statutes that restrict or prohibit either gestational or traditional surrogacy arrangements and contracts. Colorado Revised Statutes, Section 19-4-106 provides a framework for assisted reproduction arrangements but doesn’t provide for the legal validation of surrogacy agreements.

Types of surrogacy available in Colorado

Can a parentage order be obtained for the following?

Although traditional surrogacy isn’t prohibited in Colorado, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.

Gestational surrogacy

YES

Commercial surrogacy

YES

Traditional surrogacy

YES

Altruistic surrogacy

YES

Parentage

Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?

Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections πŸ’š πŸ’š
One Genetic Connection πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
No Genetic Connections πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
Married Heterosexual Couple Married Same-Sex Couple Unmarried Heterosexual Couple Unmarried Same-Sex Couple Single
Two Genetic Connections πŸ’š πŸ’š
One Genetic Connection πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
No Genetic Connections πŸ’š πŸ’š πŸ’š πŸ’š πŸ’š
Show Court Parentage Order Collapse

πŸ’šΒ β€“ Both Intended Parent(s) can be named on the parentage order

πŸ’›Β β€“ Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.

How are Intended Parent(s) Listed on the Birth Certificate?

Intended Parent(s) may be listed as Father-Mother, Father-Father, Mother-Mother, or Father or Mother.

The gestational carrier may be listed on the birth certificate if required. Intended Parent(s) can request an amended copy without her name later. This may be needed for Intended Parent(s) from a country that recognizes the surrogate as the child’s mother despite a signed surrogacy agreement.Β 

Rights of Egg or Sperm Donor(s)

According to Colorado Revised Statutes Β§19-4-106, donors of sperm or eggs for assisted reproduction procedures have no parental rights to the resulting child nor rights regarding the donated gametes.

Surrogacy Steps in Colorado

Surrogacy Process in Colorado

Select your agency if applicable

Match with a gestational carrier

Complete medical and psychological evaluations at the fertility center

Select attorneys for the intended parents and gestational carrier and complete the gestational carrier agreement

Begin IVF cycle with surrogate

Pre-birth parentage order

Document preparation should begin after the 16th week of pregnancy

Delivery and birth certificate finalization upon presentation of the parentage order to birth registrar at the birthing hospital.

Birth Certificate Timeline

Birth certificate

1-2 weeks

Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.

Court Processes

Surrogacy Contracts

Although there’s no statute or case law addressing surrogacy contracts, surrogacy contracts in Colorado have been routinely recognized and enforced by the courts in Colorado.

Independent Counsel

Independent counsel is strongly recommended, but not required, for all parties involved in a surrogacy agreement. The surrogate must have legal counsel.Β 

Requirements for Surrogates and Intended Parent(s)

Colorado has no statutory requirements that must be met for surrogates and Intended Parent(s) to participate in a surrogacy agreement. However, agencies and fertility clinics have their own requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.Β 

Birth Orders

Do courts issue pre-birth orders?

YES

Do courts issue post-birth orders?

YES

Are hearings required to obtain either pre- or post-birth orders?

NO

The Colorado courts routinely grant both pre-birth and post-birth orders as per the Colorado Uniform Parentage Act. Courts do have the discretion to require a hearing, but calling for one would be unusual.Β Β 

Bases of Venue

What are the bases of venue?

Parties may consent to venue. No specific venue requirement. Parties consent to jurisdiction.

Do rulings vary by venue?

NO

Can you file a motion to waive venue?

YES

International Issues

Because of the lack of legal restrictions and surrogacy-friendly courts, international Intended Parent(s) may find doing surrogacy in Colorado a relatively straightforward process.Β  International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.Β Β 

Residency Requirements

Does Colorado have any residency requirements for out-of-state or International Intended Parents?

NO

Colorado doesn’t have any special requirements for international Intended Parent(s) as long as the IVF procedure occurs in Colorado or the baby will be born in Colorado.

Birth Certificates

Can an international same-sex male couple receive an initial birth certificate naming the biological father and Gestational Carrier?

YES

Can an international same-sex male couple obtain an initial birth certificate naming only the biological father?

YES

Can they receive a subsequent birth certificate naming only the Intended Parent(s) with no mention of the Gestational Carrier?

YES

Passport Timeline

6-8 weeks after submitting birth certificate.

Passports can be expedited for a 2-3 week delivery with an extra fee. Intended Parent(s) can also visit a regional passport agency to receive one within 1-2 business days.

Passports are regulated at the federal level in the United States. To learn more about the process of receiving a US passport, visit Travel.State.gov.

Consulting Attorneys

John J. Husson
Husson Law, LLC
2387 Cutters Circle, Unit 103
Castle Rock, Colorado 80108
(719) 310-7221
john@hussonlaw.com
www.hussonlaw.com

Legal Disclaimer

The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.

This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.

Last updated October 2019

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