Surrogacy in Colorado

Surrogacy in Colorado – Statutory, Parentage-Friendly & Clearly Regulated

Colorado offers a strong statutory framework for gestational surrogacy, making it one of the more predictable states in the U.S. for intended parents, gestational (or genetic) surrogates, and clinics. This guide explains how the process works under Colorado law: what surrogacy agreements must include, how parentage is established, the role of medical/ethical screening, what licensing/proposed regulation exists, and how Surrogacy4All or similar physician-led programs can support you from consultation all the way through homecoming.

Who This Guide Is For

Heterosexual and LGBTQ+ couples, and single intended parents who want a clear, lawful path in Colorado.
Professionals who value transparency, legal certainty, and managed clinical care.
Anyone comparing agencies, clinics, or programs who needs to know what the legal-musts are in Colorado so there are no surprises.

Why Colorado is a Strong Choice

Clear statute: The Colorado Surrogacy Agreement Act (CRS Title 19, Article 4.5, enacted in 2021 via HB 21-1022) lays out requirements for surrogacy agreements, parentage, eligibility, etc.
Pre-birth parentage orders (PBOs) are available under law, enabling intended parents to be recognized on birth records from birth.
Eligibility rules are inclusive; the law does not restrict intended parents by marital status or by whether both are genetically related.

Legal & Contractual Framework in Colorado

1) Parentage, Court Orders & Protection

CRS § 19-4.5-109: establishes that intended parents are parents by operation of law upon birth under a valid surrogacy agreement (surrogate and spouse/former spouse are not parents) except in special cases (e.g. if surrogate is genetic parent)
CRS § 19-4.5-111: gives the option to file a court order of parentage (before, on, or after birth). These orders allow the intended parents to be named on the birth certificate, etc.
CRS § 19-4.5-112: If any of the mandatory sections (104, 105, 106) are not satisfied, the agreement is not enforceable per se, but courts will interpret parties’ intent to decide rights/duties.

2) Licensing & Regulatory / Proposed Regulation

As of recent developments, Colorado is moving toward more regulated oversight of fertility clinics, gamete banks, and agencies via the Department of Public Health & Environment (CDPHE). There are proposed rules (5 CCR 1005-6, etc.) to license gamete agencies, etc.
However, no law yet mandates that every clinic or lab is “FDA-registered” as a specific requirement under Colorado surrogacy law. Clinics must adhere to applicable federal regulations (e.g. FDA, HCT/P) if they handle human tissues or gametes, but the statute does not require the term “FDA-registered” in every contract. This is more of a best practice / compliance policy than direct Colorado statutory requirement.

3) Agreements & Contract Requirements

Colorado law requires certain contract features under CRS § 19-4.5-106 (Required Contents of Surrogacy Agreement). Key legal requirements:
Gestational (or genetic) surrogate or surrogate’s spouse must agree to attempt assisted reproduction.
Except under certain sections (e.g. 19-4.5-111), the surrogate (and surrogate’s spouse) have no parentage rights over the child under the agreement.
Intended parent(s) assume exclusive parentage immediately on birth, and financial responsibility for child (unless exception applies).
The agreement must disclose how the various medical, surrogate, child, and reproduction-related expenses will be covered.

4) Also, under CRS § 19-4.5-105 (Process Requirements)

At least one party must be connected to Colorado (residence, birth or reproductive process in state) or the birth will occur there.
All parties (intended parents, surrogate, surrogate’s spouse if any) must sign the agreement.
Signatures must be attested by a notarial officer.
Independent legal representation for the gestational surrogate (or genetic surrogate) is required.
The agreement must be executed before medical procedures related to surrogacy begin (other than medical/mental health evaluations)

Clinical, Ethical & Screening Best Practices (What Good Looks Like)

Since Colorado statute does not prescribe every single clinical detail (for instance, how embryo screening, labeling, chain of custody, etc. are handled), these are best practices and often required by clinics or agencies, but not all are detailed in law:

Medical evaluation for both surrogates and intended parents, including physical exams and reproductive history.
Mental health or psychological consultation for the surrogate and maybe intended parents.
Background checks and verification of health, lifestyle, previous pregnancy history for surrogate.
Transparent agreement about compensation, travel, insurance, maternity care, etc.

Costs & Timelines

Here is what you can expect (amounts vary by clinic / surrogate situation):

Agency or coordination fees
Surrogate compensation & benefits (travel, maternity care, wellness etc.)
Clinical costs (IVF, embryo transfer, medications, monitoring)
Legal fees (for intended parents and surrogate)
Insurance and birth records fees

Typical timeline: ~ 12-18 months from intial consult to birth, assuming everything goes smoothly. Legal preparation, medical screening, and insurance/financial work done in parallel reduce idle time.

Step-by-Step Colorado Journey

Step 1

Consultation & Readiness

clarify goals, budget, timeline, find legal representation.

Step 2

Eligibility & Compliance Check

check surrogate meets Colorado law (age, prior birth, evaluations), check intended parents, legal counsel.

Step 3

Surrogacy Agreement Drafting

include all mandatory elements under Colorado statutes; have all parties sign & notarize; ensure law for termination rights, expenses disclosure etc.

Step 4

Medical Onboarding

fertility clinic evaluation, labs, embryo / gamete decisions, screening.

Step 5

Surrogate Matching

choose someone aligned on wellness, medical oversight, communication.

Step 6

Begin Clinical Treatment

IVF / embryo transfer when ready, monitoring.

Step 7

Pre-Birth Parentage Order / Court Filing

file under § 19-4.5-111 before or after birth, as desired; ensure birth certificate naming.

Step 8

Pregnancy Support & Monitoring

medical care, emotional / psychological support, payment disbursements.

Step 9

Delivery & Post-Birth Formalities

ensure birth certificate reflects intended parent(s), post-delivery follow-ups.

What Colorado Law Does Not (Yet) Require

A requirement that all clinics be “FDA-registered” specifically under surrogacy law. Federal rules may apply, but Colorado law doesn’t mandate that term in all contracts.
Specific statutory rules about chain of custody, labeling, or SOPs for labs / embryo handling beyond standard medical-regulatory practice. Those are generally covered by medical / clinic accreditation & federal regulation.
Some kinds of eligibility restrictions (e.g. marital status) that exist in other states; Colorado is fairly inclusive in statute.