Gestational Surrogacy Regulations in Colorado

Overview

Gestational Surrogacy is permitted by Colorado House Bill 1022 enacted as of May 6,
2021 which provides for Colorado Revised Stated Title 19 Article 4.5 101-114.

Intended Parents

Age requirement:
21 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No* (see CO specific requirements)
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
21 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No* (see CO specific requirements)
Use of own embryos:
No
Independent legal counsel:
Yes
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Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes

Birth of Child

Birth in Colorado:
Yes
Birth outside of Colorado:
Yes, however, discuss with your legal counsel

Before, on, or after the birth of a Child conceived by assisted reproduction pursuant to a
surrogacy agreement, a party to the agreement may commence a proceeding in a juvenile
court in the state by filing a petition for determination of parent-child relationship with
admissions of parentage, as applicable by the intended parents, and admissions of
non-parentage by the gestational surrogate and their spouse, if any, as applicable and for an
Order declaring that Intended Parents are the parents of the Child.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will Colorado Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
5-10 business days* (usually)
How are same-sex parents named on the final birth certificate:
Can chose: “Father,” “Mother,” or “Parent”
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple 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 Order

Second Parent and Stepparent Adoptions for Colorado Residents:

*This situation typically arises if the child is born outside of Colorado. The parents then return to Colorado to obtain a second parent adoption or stepparent adoption in Colorado. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in Colorado?

*Traditional Surrogacy in Colorado is expressly permitted by Colorado Revised Statute 19-4.5-101 and is referred to as “Genetic Surrogacy.” Although it may be allowed in Colorado, consult with local legal counsel as it is not the general accepted practice. *
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