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.
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.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– 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.
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.
According to Colorado Revised Statutes §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.
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.
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 is strongly recommended, but not required, for all parties involved in a surrogacy agreement. The surrogate must have legal counsel.
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.
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.
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. 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.
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.
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.
John J. Husson
Husson Law, LLC
2387 Cutters Circle, Unit 103
Castle Rock, Colorado 80108
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