CALL (240)-235-6006
The US Surrogacy Law Map ™
Testimonials
CONTACT
View The US Surrogacy Law Map ™
Our Surrogate
Application Contact Us

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.

 

Become a surrogate Become a parent

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

The US Surrogacy Law Map™ and each of its state law descriptions (collectively, “The US Surrogacy Law Map”) is a 2010 copyrighted document, current through the year 2022. The US Surrogacy Law Map™ is protected by US Copyright laws and is the sole and exclusive property of Creative Family Connections LLC (“CFC”). You may not copy, reproduce, recreate, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content contained on this Website, including, but not limited to, The US Surrogacy Law Map™, in any manner and in any medium. The information contained in The US Surrogacy Law Map™ is for informational purposes only and may not be used for any commercial purposes.

CFC may grant, in its sole and absolute discretion, a limited license to certain approved individuals and/or entities to use The US Surrogacy Law Map™ for presentations. Any requests for a license shall be provided to CFC by email in advance of any presentations. No license is granted until such time as CFC provides you with written approval of the right to use The US Surrogacy Law Map™, after you have signed CFC’s written release. You may not alter or remove any copyright or other notice from your licensed use of The US Surrogacy Law Map™. You further agree not to use The US Surrogacy Law Map™ for any unlawful purpose.

Notwithstanding the foregoing, you may include a hyperlink to The US Surrogacy Law Map™ without advance request. Except as otherwise provided herein, no other use of The US Surrogacy Law Map™ is permitted. Any use of data mining, data gathering, or extraction tools or processes in connection with The US Surrogacy Law Map™, or any reproduction or presentation of The US Surrogacy Law Map™ or its content, is strictly prohibited.

The US Surrogacy Law Map™ does not constitute legal advice and should not be construed as such, and CFC is not giving legal advice through The US Surrogacy Law Map™. The information contained in The US Surrogacy Law Map™ is strictly for informational purposes only and is not a substitute for obtaining individual, professional legal advice. The use of The US Surrogacy Law Map™ does not create any attorney-client relationship between CFC and users of the Website.

CFC tries to ensure that content on The US Surrogacy Law Map™ is accurate, up-to-date, and obtained from reliable sources, but CFC does not represent or warrant the content to be error-free. CFC does not endorse any of the attorneys listed. Nor does CFC represent that favorable results obtained in prior cases will be obtained in future cases. You accept and agree that your use of The US Surrogacy Law Map™ and any information therein is strictly at your own risk.

Please advise us of any state law updates at map@creativefamilyconnections.com.

The US Surrogacy Law Map™

Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.

View the Map!