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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.


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
  • 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.


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?  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. 


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 under the Colorado Surrogacy Agreement Act.

State law information provided by the following attorneys practicing Reproductive Law in this state:

Laura Koupal
Denver, CO
(303) 861-3020

Other attorneys practicing Reproductive Law in this state:

Ellen Trachman
Denver, CO

Virginia Frank
Boulder, CO

Seth Grob
Lakewood, CO
(303) 816-8147

John Husson
Colorado Springs, CO
(719) 310-7221

McArthur Law Firm, LLC
Evergreen, CO

Julie Tavoso
Chicago, IL
(630) 325-9100

Judith A. Hoechst
Denver, CO
Littleton, CO

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