Learn About Third-Party Assisted Reproduction & Surrogacy Law in Colorado
Everything you need to know about surrogacy law in Colorado.
Reviewed/Written by Alex Monk, Esq., Reproductive Lawyer at Klein Fertility Law
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel
Key Legal Requirements in Colorado
- Compensated gestational surrogacy is fully permitted under state law.
- Surrogacy agreements must be in writing and signed before any medical procedures begin.
- Independent legal representation is required for all parties, provided by attorneys licensed in Colorado.
- Pre-birth parentage orders are available for both genetic and non-genetic intended parents.
- Court involvement is required to establish parentage and ensure accurate birth certificates.
Colorado Surrogacy Law: What You Need to Know
Colorado is widely recognized as a surrogacy-friendly state. The state’s clear legal framework protects intended parents, surrogates, and donors, making the process straightforward and secure. With written contracts, required independent legal counsel, and established procedures for parentage orders, Colorado offers strong legal support for all parties pursuing assisted reproduction.
Colorado Surrogacy at a Glance | Compensated Surrogacy | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parent | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed for both genetic and non-genetic intended parents |
| Gestational Surrogacy | Allowed |
| Traditional Surrogacy | Permitted, but more legally complex and less common |
| Surrogacy Agreement | Must be in writing and signed prior to the commencement of any medical procedure |
| Legal Representation | Independent legal representation for each party by an attorney licensed in Colorado is required |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy, addressed in the gestational surrogacy agreement |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders in gestational surrogacy arrangements |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for parentage orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate & the timeline may vary |
| Post-Birth Timeframe to Travel Home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Colorado for personalized advice.