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Gestational Surrogacy in Colorado

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Colorado Surrogacy Laws

Gestational Surrogacy is permitted in Colorado under the Colorado Surrogacy Agreement Act (C.R.S. 19-4.5-101 et seq), effective May 6, 2021.

 

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Pre-birth Parentage Orders

Do courts grant pre-birth parentage orders?

  • Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?

  • Married heterosexual couple using own egg donor and sperm donor:  Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm:  Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Married same-sex couple using an egg donor or sperm donor:  Yes
  • Unmarried same-sex couple using an egg donor or sperm donor:  Yes
  • Single parent using an own egg or sperm:  Yes

Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?

  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes

What are the bases for venue? 

  • The parties can consent to jurisdiction and venue in a particular county.

Do results vary by venue?

  • No

Is a hearing required to obtain a pre-birth order? 

  • No

Is a pre-birth order possible in Colorado based on a Gestational Carrier’s plan to deliver in Colorado, if no party lives in Colorado? 

  •  Yes. It is possible to get a pre-birth order in Colorado if one party is a resident of Colorado, the birth occurs in Colorado, or the assisted reproduction performed pursuant to the Surrogacy Agreement occurs in Colorado.

Will Colorado Vital Records honor a pre-birth order from another state?

  • Yes, but it must be domesticated in Colorado.

What is the typical time frame to obtain a birth certificate after delivery?

  • Several days, if all goes smoothly.

Same-Sex Couple

How are same-sex parents named on the final birth certificate? 

  • Mother and Mother, Father and Father, Parent and Parent, or Mother and Parent

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

  • Yes

Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? 

  • Yes, through a post-birth parentage order.

Is there an expedited adoption process for the non-genetic parent to establish parentage?

  • Yes.

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Colorado (i.e., neither of the Intended Parents lives in Colorado)?

  • No

If no, will Colorado Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?

  • Yes, so long as the child is still in Colorado when the petition for parentage is filed, and the non-biological parent has established residency in Colorado and has obtained a favorable home study.

Second Parent & Stepparent Adoptions for Colorado Residents

Note: This situation typically arises if the child is born outside the state.  The parents then return to Colorado to obtain a second parent adoption or stepparent adoption in Colorado.

Will courts in Colorado grant second parent or stepparent adoptions to heterosexual couples living in Colorado?

  • Yes, and these are streamlined adoptions: i.e., no background checks, no home study, and no hearing.

Does the couple need to be married?

  • No

Will courts in Colorado grant second parent or stepparent adoptions to same-sex couples living in Colorado?

  • Yes

If yes, does the couple need to be married?  

  • The couple must be married or in a civil union to obtain a stepparent adoption. The couple does not need to be married to obtain a second parent adoption.

Egg and Sperm Donation

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?

Traditional Surrogacy in Colorado

“Genetic” Surrogacy is permitted in Colorado under the Colorado Surrogacy Agreement Act.

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State Law Information Provided By The Following Attorneys Practicing Reproductive Law In This State:

Other Attorneys Practicing Reproductive Law In This State:

Leta BrandesLeta Brandes Law, LLC
www.letabrandeslaw.com
Colorado Springs, CO 80920719-327-1888

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