Surrogacy Laws & Process in Colorado
Understanding the Surrogacy Process in Colorado
Surrogacy is a life-changing journey for many intended parents in Colorado, and the state offers a clear, supportive legal framework for the process.
Under the Colorado Surrogacy Agreement Act (C.R.S. 19-4.5-101 et seq), which became effective on May 6, 2021, gestational surrogacy is permitted, and intended parents can gain legal recognition as parents before the child is born. This progressive stance guarantees strong protections for both intended parents and surrogates.
Colorado’s legal framework allows intended parents to obtain pre-birth parentage orders, which provide them with legal recognition as parents prior to birth, offering peace of mind.
Pre-Birth Parentage Orders in Colorado: Legal Recognition Before Birth
Colorado permits pre-birth parentage orders under the Colorado Surrogacy Agreement Act. These orders affirm the legal parentage of intended parents before the child is born, and they are available for a variety of family types, provided they meet the legal requirements of the state.
The Colorado surrogacy law makes sure that intended parents can be recognized legally before the child is born, securing their rights. The following families are eligible for these orders:
Married Same-Sex Couples
Both partners are legally recognized as parents before the birth, regardless of whether they are genetically related to the child. This applies to couples using a gestational carrier.
Unmarried Heterosexual Couples
Both partners in an unmarried heterosexual couple can have their legal parentage recognized before birth, so their rights as parents are affirmed from the start.
Single Intended Parents
A single individual who intends to raise the child through surrogacy can receive a pre-birth parentage order. This order establishes their legal rights as a parent before the child is born, available regardless of whether the single parent is genetically related to the child.
Couples Using Donor Gametes
Couples who use donor sperm or eggs for surrogacy are eligible for pre-birth parentage orders. This makes sure that both parents are legally recognized, regardless of their genetic connection to the child.
Same-Sex Male Couples
Same-sex male couples using a gestational carrier can receive pre-birth parentage orders. This allows both parents to be named on the birth certificate, even if only one parent is genetically related to the child.
Single Intended Parents (using own egg or sperm)
Eligible.
Medical, Psychological, and Legal Requirements in Colorado Surrogacy
The Colorado Surrogacy Agreement Act requires that all parties involved in the surrogacy process undergo medical and psychological screenings. These screenings help assess the health and readiness of both the intended parents and the surrogate for the surrogacy journey.
Additionally, the Act mandates that independent legal representation be secured for each party involved in the surrogacy process. This requirement helps make sure that the legal rights of all parties are properly addressed, with separate legal counsel for both the surrogate and the intended parents, to review and finalize agreements effectively.
Explore the Carrying Dreams Surrogacy Heatmap
Interested in learning more about the surrogacy process in different states? Explore the Carrying Dreams Surrogacy Heatmap which highlights laws and surrogacy-friendly regions across the U.S.
If you have any inquiries about the surrogacy laws & process in Colorado, feel free to contact us today.
