Colorado's Surrogacy Agreement Act expressly authorizes gestational-surrogacy agreements and compensated arrangements with detailed safeguards. Married or unmarried intended parents may participate with or without a genetic connection, and a court may issue a parentage order before, on, or after birth.
State law provides a comparatively clear path for gestational-surrogacy agreements and parentage when its requirements are followed.
A written agreement is enforceable when statutory eligibility and process rules are met, each side has independent Colorado-licensed counsel, any required spouse joins, and the agreement is signed before medications or assisted-reproduction procedures begin. Compensation and reimbursement are permitted, and the carrier retains authority over health and welfare decisions.
Each intended parent must be at least 21, complete a medical evaluation related to the surrogacy, and have independent Colorado counsel. An intended parent may be married or unmarried and genetically related or not; the process requires a Colorado nexus through residence, expected birth, or an assisted-reproduction procedure in the state.
A party may seek an order declaring the intended parent or parents to be the legal parents before, on, or after birth. A pre-birth order is stayed until birth, and compliant parentage does not depend on an intended parent's genetic connection.
At least one party must reside in Colorado, the birth must be anticipated there, or an assisted-reproduction procedure must occur there.
Verify ages, the carrier's prior birth, required medical and mental-health evaluations, and any spouse participation before execution.
The carrier and intended parent side need independent attorneys licensed in Colorado, with the agreement completed before treatment begins.
Sequence matters. Use these steps to prepare for a conversation with qualified assisted-reproduction professionals.
Ask separate Colorado counsel to confirm the § 19-4.5-105 state nexus, eligibility evaluations, spouse signatures, compensation terms, and the timing and venue for a § 19-4.5-111 parentage order before treatment.
Each intended parent must be at least 21, complete a medical evaluation related to the surrogacy, and have independent Colorado counsel. An intended parent may be married or unmarried and genetically related or not; the process requires a Colorado nexus through residence, expected birth, or an assisted-reproduction procedure in the state.
Coordinate the clinic, surrogate screening, insurance review, independent attorneys, and all required signatures before medication or embryo transfer. A written agreement is enforceable when statutory eligibility and process rules are met, each side has independent Colorado-licensed counsel, any required spouse joins, and the agreement is signed before medications or assisted-reproduction procedures begin. Compensation and reimbursement are permitted, and the carrier retains authority over health and welfare decisions.
A party may seek an order declaring the intended parent or parents to be the legal parents before, on, or after birth. A pre-birth order is stayed until birth, and compliant parentage does not depend on an intended parent's genetic connection.
Review the linked statutes, court materials, public guidance, and clearly identified practice sources as a starting point for current legal review.
Laws, court practices, and local filing procedures can change. This page provides general educational information, not legal advice. Consult independent assisted-reproduction counsel licensed in the relevant state before relying on it.
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