Whether you’re a prospective surrogate or a hopeful parent, you likely have some questions about the rules and regulations of surrogacy in Colorado. There aren’t any concrete surrogacy laws in Colorado, but that doesn’t mean surrogacy isn’t an option or that it’s going to be any more difficult here.
Colorado is considered to be a surrogacy-friendly state, but like you would in any state, you’ll need to work with an experienced surrogacy attorney to ensure that the process is completed correctly and to prevent any legal issues with surrogacy. The information below will help you learn more about surrogacy law in CO, but it’s not a substitute for professional legal advice.
Here are some commonly asked questions about Colorado surrogacy laws and how they may affect surrogates and intended parents:
“Is Surrogacy Legal in CO?”
Yes. There are no laws governing surrogacy in Colorado, but
this also means there are no laws prohibiting it. Colorado courts are historically favorable to intended parents in gestational surrogacy situations, so it’s commonly practiced in this state.
However, regardless of the lack of surrogate laws in Colorado, you’ll still need to work with an experienced surrogacy attorney for the protection of everyone involved. They can also help you with any relevant out-of-state laws
if your surrogacy partner lives outside of Colorado.
“Is Traditional Surrogacy Legal in Colorado?”
Yes. Again, there is no Colorado surrogacy law in place, so traditional surrogacy is considered legal by Colorado courts.
But because traditional surrogates are the biological
mothers of the children they carry for intended parents, there are increased legal and emotional risks with this method. Very few professionals will complete a traditional surrogacy, and courts may favor the biological mother — in this case, the traditional surrogate. For these reasons and more, traditional arrangements are rare.
Gestational surrogacy is widely considered by professionals to be the best path and is just as favored by Colorado courts, if not more so.
“Is Compensated Surrogacy Legal in Colorado?”
Yes. There are no CO surrogacy laws governing base compensation for surrogates, so compensated surrogacy is an accepted practice. Although there aren’t laws on
surrogacy in Colorado dictating compensation, this is something you’ll want to discuss with your surrogacy partner and attorneys when establishing your contracts.
“Is Same-Sex Surrogacy Legal in Colorado?”
Yes. While there is no Colorado surrogacy legislation specifically protecting same-sex intended parents in surrogacy situations, courts in the state have been consistently favorable to all families, including LGBT+ families. However, it’s always recommended that you work with professionals who have experience helping same-sex intended parents.
Creating a CO Surrogacy Contract
In the legal process, these contracts
serve as a roadmap for your shared surrogacy journey and make sure that everyone involved is in agreement on important topics like compensation, expectations and responsibilities, risks, plans in the event of complications and more. There are no surrogacy laws in Colorado that dictate what must be included in a contract, but your professionals will counsel you.
When you create your Colorado surrogacy legal contract, you should have separate legal representation from your surrogacy partner to avoid conflict of interests. The intended parent(s), gestational surrogate and her spouse (if she’s married) will all need to participate in this step.
When your contract is final, you can move on to the medical
Determining Legal Parentage in Colorado
While there aren’t specific laws on surrogacy in Colorado, you’ll still need a surrogacy attorney to guide you through the complex processes of establishing the legal parental rights of the intended parents. Every situation is unique, so your attorney will make recommendations based on your needs. Genetic relationships to the baby will affect whether or not pre- and/or post-birth parentage orders are needed in your circumstances, but it’s fairly easy to acquire these parentage orders in Colorado.
Contact a professional now to learn more about how to proceed with your journey so that everyone is protected, regardless of the lack of Colorado surrogacy laws. It’s always best to receive an expert’s opinion on how surrogacy laws in
Colorado and in other states may influence your next steps.