Gestational Surrogacy is permitted in Colorado because no statute or published case law prohibits it.
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?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue? The parties can consent to jurisdiction and venue in a particular county.
Do results vary by venue? Yes
Is a hearing required to obtain a pre-birth order? Yes, for parentage motions
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? It depends on the county. If a hearing is required, it is recommended that the parties appear, either in person or by telephone, if permitted by the court.
Will Colorado Vital Records honor a pre-birth order from another state? Unclear
What is the typical time frame to obtain a birth certificate after delivery? 1-2 weeks
How are same-sex parents named on the final birth certificate? Mother and Mother, Father and Father, Parent and Parent, Mother and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier? Yes
Can they 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.
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.
Note: This situation typically arises if the child is born outside of 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
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? Yes, the couple must be married or in a civil union.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? Yes, Colorado Revised Statutes §19-4-106 applies to both sperm and egg donation used in assisted conception by a husband and wife.
Traditional Surrogacy is permitted in Colorado because no statute or published case law prohibits it.
State law information provided by the following attorneys practicing Reproductive Law in this state:
Colorado Springs, CO
Other attorneys practicing Reproductive Law in this state:
Ossmann Law Office, LLC
Law Office of Judith A. Hoechst, LLC
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