State-by-State Surrogacy Laws: Surrogacy in Colorado
Colorado has long been considered among the top surrogacy-friendly states. In 2021, Colorado went a step further with governor Jared Polis signing the Colorado Surrogacy Agreement Act into law which provided legal assurances to those pursuing surrogacy. The law ensures ethical safeguards and consistent standards for all parties while protecting the interests of surrogates, Intended Parents, and any resulting children. Families created using surrogacy in the state can proceed with peace of mind and certainty that they have adequate legal protections codified into state law. This is not small thing; only a handful of states offer robust protections for families created via surrogacy.
Surrogacy contract jurisdiction usually follows the state the surrogate is a resident of, though sometimes the agreement is done in the state of residence of the Intended Parent(s). Colorado has some flexibility for non residents, speak to a qualified attorney to discuss your options as a Colorado resident or non resident.
If you’re considering surrogacy in the Centennial State, read more below to learn more about some things to keep in mind as you’re exploring a journey there.
Is commercial surrogacy legal in Colorado?
Yes and the state ranks among the top on the list of “surrogacy-friendly states”. In addition to the surrogacy-specific laws and regulations in Colorado, Colorado has robust reproductive healthcare including high-quality IVF clinics, hospitals, and abortion access. In 2022, Governor Jared Polis signed the Reproductive Health Equity Act into law which guarantees the right to reproductive care and the rights of pregnant women to terminate a pregnancy as necessary. The act prohibits anyone from restricting these rights. Colorado law also specifically codifies protections for traditional surrogacy as well as has some of the best laws for surrogacy on the books.
Do you need to use a surrogacy agency in Colorado?
No, and there are many reasons on both sides why you may not want or need to. For Intended Parents, saving a huge chunk of unnecessary money is a big one, but also having a direct and close relationship with the surrogate. For surrogates, please read more about why you might want to consider an independent journey.
Can you do a successful journey without one?
Yep and there have been many successful independent journeys in Colorado. Many intended parents and surrogates prefer to pursue independent surrogacy journeys in Colorado, where both gestational and traditional surrogacy arrangements are expressly permitted and contracts are legally enforced. Commercial surrogacy is codified into law in Colorado and there are regulations in place to ensure that both intended parents and surrogates are protected. To ensure that your surrogacy journey in Colorado meets legal and ethical standards, it is recommended that you work with an experienced attorney who specializes in assisted reproduction. This is regardless if you choose to do an independent journey or go with an agency.
Who can be Intended Parent(s) in Colorado?
In Colorado, there are no restrictions on the types of families who can pursue surrogacy, including married or unmarried couples, individuals, and members of the LGBTQ+ community. In fact, Colorado law puts all people from all types of gender, sexuality and marital status on equal footing. If you are considering surrogacy, and have conducted your research, Colorado can be an ideal location to explore your options, including for so-called “alternative” family structures.
Some additional things to know about surrogacy in Colorado:
When pursuing surrogacy in Colorado, there are a few additional things to keep in mind. Pre-birth orders are available and utilized in the state, regardless of whether there is a genetic relationship between the child and intended parent(s), whether they are married couples or single individuals, or whether the IPs are members of the LGBTQ+ community. Everyone has eqia; access to obtain a pre-birth order which is the legal document that ensures Intended Parents retain all legal rights when a child(ren) is born. Pre-birth orders also allow for the parents to be listed on the birth certificate and not the surrogate.
Surrogates and intended parents should consult with their respective attorneys to ensure they address all the legal requirements in Colorado. It is important that you work with qualified lawyers on contract negotiations, including compensation and responsibilities of each party. Major aspects of surrogacy, such as thoughts on vaccines, delivery location, diet/lifestyle, and communication throughout, should be agreed upon by both parties before any embryo transfer takes place. Please visit our attorney directory to find an attorney based in Colorado who can answer your surrogacy-related questions and help you get started.
How to Become a Surrogate in Colorado
First, are you qualified? If you are not sure, you can take our quiz to learn more:
Here are some of the likely requirements you need to meet to become a surrogate in Colorado:
- Having had uncomplicated pregnancies with no postpartum depression symptoms
- You are/will be between the ages of 21-44
- You own your own home or have a long-term lease on reliable and safe housing
- You are finished with having children and having no intentions of having more. You have at least one biological child you have or are actively raising
- You are financially independent and secure and not on any government financial assistance
- You are willing to take all medications and follow protocols assigned by the Intended Parents’ Reproductive Endocrinologist and your OB-GYN
- Your BMI in a healthy range (e.g., less than 30)
- You are smoke and drug-free and are willing to abstain from alcohol and other harmful substances while and right before pregnancy.
If you answered yes to questions above, pending a review of your specific medical and pregnancy history, you may be qualified to become a surrogate. If you are, the next step is to match with Intended Parents. If you’re considering an independent journey (surrogacy without a third-party agency as the middle man), Surrogacy Place is a great starting point for matching with like-minded Intended Parents.
After matching, you will go through a formal vetting process, including a medical screening and review. Then, legal contracts will be drafted and agreed upon. Assuming everything goes well, you’ll reach transfer day and hopefully a pregnancy will result soon after!
Read more on specifics for women who are thinking about becoming surrogates.
Matching with a qualified surrogate in Colorado
Intended Parents and surrogates can find each other using Surrogacy Place’s unique platform and search tools. Whatever your requirements, you can have the discussion directly with potential Intended Parent and surrogate matches.
Surrogacy Place is always free for surrogates. Intended Parents pay a small access fee. Want to get started? It’s easy to create an account.
Some of advantages of doing an independent journey in Colorado
Independent matching and journeys offer several benefits for both Intended Parents and surrogates, including cost savings and greater flexibility in choosing a match. By matching directly, Intended Parents can avoid paying tens of thousands of dollars to third-party agencies, freeing up more of their budget for other expenses. Additionally, this approach may enable surrogates to receive a higher base compensation, as less money is diverted to agency fees.
Surrogacy Place also provides greater freedom in selecting the perfect match, as there is no pressure from an agency and no limitations on available candidates. Anyone from any location can participate, including surrogates from all over the United States and Intended Parents from across the globe. For more information on costs, please refer to our cost breakdown guide.
It is critical that when matching independently you are aware that you are responsible for your own due diligence, though your attorney and your doctor are there as partners to assist you in approving any selected matches. Lean on them, they are there to help.
Looking for surrogacy information for another state? Explore our surrogacy by state directory.