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Gestational Surrogacy in Colorado

The US Surrogacy Law Map ™

Gestational Surrogacy in Colorado

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.

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, 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.

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

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

Traditional Surrogacy is permitted in Colorado under the Colorado Surrogacy Agreement Act.

Back to Surrogacy Map

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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