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 AuthorMichelle 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?”

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