Colorado Surrogacy Laws

Gestational Surrogacy in Colorado

Gestational surrogacy is legal in Colorado via the Colorado Surrogacy Agreement Act. The law protects both the intended parents and the gestational carrier who have entered into gestational carrier agreements consistent with the law. ConceiveAbilities ensures that during the drafting of the gestational carrier agreement all parties are represented by attorneys licensed in Colorado as is required by the law. Intended parents can proceed with a gestational carrier in Colorado regardless of their marital status, sexual orientation, genetic connection, or need for surrogacy.

Understanding Surrogacy Laws in Colorado

Legal Parentage

In Colorado, parentage can be determined via a pre-birth order from the juvenile court and said order will vest the intended parents with all parental rights and duties to the child immediately upon birth. Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the Colorado’s Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.