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?
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?
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)?
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?
Will courts in Colorado grant second parent or stepparent adoptions to same-sex couples living in Colorado?
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.
Back to Surrogacy Map