Surrogacy Contracts in Colorado: What’s Included and Why It Matters

Are Surrogacy Contracts Enforceable in Colorado?

Yes, surrogacy contracts can be enforced.

In 2021, the state passed the Colorado Surrogacy Agreement Act (HB21-1022), which created a solid legal framework for gestational carriers and intended parents.

This Act ensures that as long as the contract is in writing and signed before medical procedures begin, surrogacy is legal and the document is binding. It also protects you by stating that you cannot be held responsible for the child, while simultaneously securing the intended parents’ rights.

While there are unenforceable contract terms—for instance, no one can legally force you to undergo a specific medical procedure against your will—the Act generally makes Colorado one of the most secure states for surrogacy.

What Happens If a Surrogacy Contract Is Breached?

While most journeys go smoothly, it is important to understand what occurs if a contract is breached.

A breach occurs if either party fails to follow the rules set in the agreement, such as an intended parent missing a payment or a surrogate failing to follow a medical protocol.

Breach of surrogacy contract consequences

According to the Colorado Surrogacy Agreement Act and standard legal practices, breach of surrogacy contract consequences are handled carefully to protect the pregnancy.

Most agreements require contract disputes mediation as a first step. This involves a neutral third party helping everyone find a solution without going to court. If mediation fails, the law provides remedies to protect the non-breaching party.

Understanding Surrogate Compensation in Colorado: How Payment Is Structured in Your Contract

Your fair surrogacy compensation is a key part of the legal clearance process. During the contract negotiation stage, you will work with your attorney to define a payment structure options that feel right for you. In Colorado, compensation is usually broken down into several parts:

• Base Compensation: This is the core amount you receive for your time and effort, usually paid in monthly installments once a heartbeat is confirmed.
• Escrow Accounts: Your contract will likely include escrow account requirements, meaning the intended parents deposit your full compensation into a third-party account before you start medications. This ensures the money is always there when it is time for you to be paid.
• Additional Reimbursements: You may also receive recovery time compensation if you need to miss work, as well as allowances for maternity clothes and travel.

Medical Rights in a Surrogacy Contract

You should always feel in control of your health. Your contract will detail your medical records access rights, ensuring intended parents are informed about the pregnancy while you maintain your privacy regarding other health matters.

You also have a say in choosing the OB doctor for your surrogacy care. Most contracts allow you to use your preferred doctor, provided they are in-network and experienced with high-risk pregnancies.

The medication approval process

Additionally, the medication approval process will be clearly listed so you know exactly what is required for the embryo transfer and throughout the first trimester. This protects you from being asked to take medications you haven’t already agreed to.

For more on how medical choices in contracts are handled, you can speak with your legal representative during the drafting phase.

Pregnancy Termination & Reduction Clauses

While these are sensitive topics, discussing abortion decisions in contracts is a necessary part of being prepared.

Colorado law strongly supports a woman’s right to make her own medical decisions, but the contract serves as a place for you and the intended parents to share your values.

The agreement will cover termination for medical reasons, such as if your health is at risk or if there are severe fetal anomalies. It also addresses selective reduction agreements, which come into play if you are carrying multiples and there is a medical need to reduce the number of fetuses to protect the pregnancy.

Lifestyle and Travel Restrictions in Surrogacy Contracts

To give the baby the best start, contracts often include basic lifestyle and travel guidelines. These aren’t meant to control your life, but to set shared boundaries for a healthy pregnancy.

Common clauses include:

What the Contract Says About Labor and Delivery

The birth is the result of all your hard work. Your contract and hospital delivery plan will lay out exactly how you want that day to look.

This includes your delivery room presence rights, where you decide who is in the room with you and when the intended parents are invited in.

Postpartum care and pumping

Postpartum care is also addressed. If you wish to provide breast milk, a pumping agreement contract will outline the timeline and any additional compensation for your time.

This ensures that once the baby is born, you have a clear plan for your own recovery and transition.

Insurance Requirements in a Colorado Surrogacy Contract

Insurance is a critical safety net that ensures you never have to pay for pregnancy-related medical bills out of pocket.

Your contract will specify that you must have surrogate friendly insurance—a plan that does not have an “exclusion” for surrogacy.

Beyond health insurance, the contract will also require:

• Life Insurance Requirements: To protect your own family’s future.
• Disability Insurance Coverage: To provide income if you experience a pregnancy complication that prevents you from working.