Legal Basics of CO Surrogacy
If you want to become a surrogate, there’s a lot to consider. After all, surrogacy is a real commitment and involves a lot more than you may think. The surrogacy process can be very complex and confusing, which is why it’s always best to work with a reputable CO surrogacy agency that you trust and will advocate for you. A good agency will ensure your wants and needs are taken care of, and you never have to worry about being left in the dark.
If you’re considering surrogacy in Colorado, contact Adoption and Surrogacy Choices of Colorado. We’re a team of compassionate experts that know the surrogacy process inside and out. In order to support the best interest of you, the baby, and the intended parents, surrogacy requirements a bit of legal work. Protecting all people involved is important when it comes to something as precious as surrogacy, and there’s no room to take guesses or roll the dice. Although we take care of the legal parts, it’s still important that you understand it. So what are the legal aspects of surrogacy you should know about?
If you or someone you know is interested in becoming a surrogate, please call or text us at 303-670-4673 (HOPE) or visit us at Adoption and Surrogacy Choices of Colorado.
Are There CO Surrogacy Laws?
The short answer is no. In the United States, there are no federal laws that regulate surrogacy. Because of this, surrogacy laws can be confusing. Some states are surrogacy friendly, some are not, and some lie in the middle. Surrogacy law is constantly changing and evolving and varies from state to state. To find out more about surrogacy friendly-state click here.
Surrogacy Contracts
A critical step in the surrogacy process before the embryo is even transferred is creating a surrogacy contract. Intended parents and surrogates will work with their individual lawyers to draft and negotiate this contract outlining finances and social requirements, two major legal issues in surrogacy. Compensation in addition to other necessary items and any added compensation will be negotiated. Of course, the contract will also address the responsibilities of the surrogate mother during the pregnancy—things like not drinking alcohol, doing drugs, etc. There may also be social agreements between the surrogate and intended parents, like deciding who will be there during any prenatal appointments and/or during the birth.
Pre-Birth Order
Depending on state surrogacy laws, this process may look different. If you’re in a surrogacy-friendly state, like Colorado, a pre-birth order can be filed by the intended parents. Establishing the intended parents as the baby’s legal parents is an important step that is done early on in the process. Essentially, the pre-birth order makes the legal process post-birth much quicker and allows the baby to go home with the intended parents quicker. Requirements to file a pre-birth order will vary depending on the state. Depending on the attorney, work usually starts on the pre-birth order somewhere in the first seven months of the surrogate’s pregnancy.
Once a pre-birth order is filed, The only paperwork necessary to finish the surrogacy after birth is a document signed by the surrogate and, if applicable, their partner, confirming that they are not the child’s legal parents. The intended parents will also sign a document acknowledging that they accept custody of the child.
Additional Legal Matters in CO Surrogacy
Legal matters that come up in surrogacy can vary on a case-by-case basis. Additional legal steps may be necessary after birth depending on the situation. Some issues that may come up legally surround one or both of the intended parents not having genetic relations to the baby. This can happen in cases such as same-sex couples using an egg or sperm donor, or if one of the intended parents is not able to provide egg or sperm.
Stepparent or Second-Parent Adoption in Surrogacy
In these cases, stepparent adoption takes place in order to grant parental rights to a non-genetically related parent. For example, if only the husband’s sperm was used in the fertilization, the wife would have to file for stepparent adoption. Laws will vary per state, and a second-parent adoption may need to be completed instead of stepparent adoption.
Embryo Adoption in Surrogacy
In the event that neither parent is able to provide parts of the fertilization and therefore not biologically related to the baby, an embryo adoption must be completed. Adoption and surrogacy laws will vary by state, so check with your attorney or adoption and surrogacy agencies, like Adoption and Surrogacy Choices of Colorado.
Understanding the CO Surrogacy Laws
There are a lot of variables and factors involved in surrogacy that can affect the legal process. Laws, state regulations, gestational vs. traditional surrogacy, etc. can affect the completion of the surrogacy. Although rare, issues do arise and it’s best to prepare yourself for any potential road bumps or giant sinkholes. The best thing you can do it work closely with your surrogate agency and attorney to assure you’re legally protected throughout the Colorado surrogacy process. Remember, although there is a lot of legal work that goes into surrogacy, it’s all to protect the end goal of bringing the gift of life to intended parents.
If you are interested in learning more about your gestational surrogacy options, contact Adoption and Surrogacy Choices of Colorado by email, phone, or text: Email Us, Text us: 720-371-1099, Call us: 303-670-4673 (HOPE). If you are hoping to adopt, please contact us here.
Meet the Author: Michelle Brugioni is a practiced, well-versed college-educated writer and avid coffee drinker. She has ten years of experience as a freelance writer and has written for an alarmingly wide range of clients and publications. She has written on topics like: life science, biopharmaceutical company acquisitions, dealing with anxiety, and creative drinking games.
As a fearless writer and masterful researcher, each time Michelle is approached with the question, “Can you write this?” she responds confidently with, “When do you need it?”
Stephanie joined the Adoption Choices family in 2014 as the Child Placement Supervisor. Her love for adoption began in first grade when she made friends with twins adopted from Vietnam. Her heart grew strong over the years for adopted children and ultimately led her to graduate school where she continued her focus to her dream of working in the adoption field. Stephanie earned a Master of Social Work degree from the University of Denver in 2001. Over the past 15 years, Stephanie has worked as a pregnancy counselor and as an adoptive parent counselor for foster care, international adoption and domestic adoption, writing hundreds of home studies for families, and helping build their forever families. Stephanie is married and has three boys ages 12, 9, and 5. Together with her family she enjoys riding bike, playing games, watching her three sons compete in their various sporting and musical activities and go on vacations.
Christy Ikeler, is our Executive Director and Birth Parent Director. Christy has been with Adoption Choices Team for 18 years, since opening the doors in 2002! Christy has a true passion for what she does and her true love is working with and helping each birth parent. Whether she is up all night on the phone talking with them, taking them to doctors appointments, out for their favorite treat, providing counseling or at the hospital during labor and delivery, Christy is very involved every step of the way. She has a contagious laugh and a spunky personality that our birth moms all can bond with and relate to. As an adoptive parent herself, adoption holds a very special place in her heart and she can relate on every level with both birth parents and adoptive parents. In her free time Christy loves spending time with her daughter, gardening, baking and taking vacations with her family. Christy is an excellent leader for our team at Adoption Choices and is truly one of a kind!! As Executive Director, Christy spends time with the staff, birth parents and adoptive families in order to ensure that the agency is running smoothly. She has placed a huge emphasis on community outreach and programs for birth parents. Christy loves the opportunity to lead the agency into a brighter future.
Ms. Mackenzie has built a successful counseling career over the past 20 years, supporting mothers and families, people of all ages and genders, students, community professionals and fellow clinicians. Liv values a diverse professional focus, including the entrepreneurial life of a sole proprietor, the evaluative process of certifying foster/adoptive homes, the insightful and mindful one-on-one one work with enthusiastic clients, and serving as an advocate for underserved populations. Liv is a Licensed Professional Counselor and holds a BA in Pre-Law and Economics from American University, an MA in Counseling from Adams University and a certificate in Human Resource Management from Villanova University. Away from work you will find Liv spending time in nature, biking to the farmer’s market and adventuring with her family.
Catherine A. Madsen, joined the Adoption Choices family as legal counsel in 2013. Catherine is responsible for providing legal guidance to the Agency, training and updating staff on developments in adoption law and legislation, and program development. Catherine
Virginia Frank is an adoption attorney accredited since 1991 with the American Academy of Adoption Attorneys. Ms. Frank is a leader in the field of private adoption and has completed over 4,000 adoptions in her career. Ms. Frank has a law degree from Oklahoma City University and a BA in both Political Science and Communications from the University of Oklahoma.
Cassidie has been with Adoption Choices since 2015, she has her bachelors in Interdisciplinary Affairs with concentrations in both Sociology and Business Management. Cassidie has additional training in Victim Advocacy, foster care and has been working in women’s services for over 10 years. Cassidie has always had a heart for adoption and it was her career dream to work in adoption. She started off doing volunteer work for advocacy programs, adoption organizations and worked in High Risk Maternal Fetal Medicine through the University of Colorado Hospital and Children’s Hospital of Colorado. Cassidie is also blessed to have personally experienced an adoption of her own in 2012, completing her family of five! Cassidie loves what she does as a case worker from initial phone calls, meetings, doctor appointments, interaction with the adoptive families to delivery and counseling. Cassidie has a passion for those in need and strives to help make a difference in the lives of the people she meets. She is a firm believer in being kind, compassionate and open minded in all situations. “Unless you’ve walked in their shoes, there’s no place for judgment. A kind word or compliment can go a long way!” The bittersweet moments in adoption reminds Cassidie each and every time, why she loves what she does!