Legal Basics of Surrogacy in Colorado

Once you start looking into becoming a surrogate, you’ll probably have some questions about the legal side. Surrogacy requires a team of experts that provide support, including lawyers and experts in surrogacy and surrogacy law, to ensure everyone involved has a positive surrogacy experience. Although Colorado doesn’t have any surrogacy-specific laws, that doesn’t mean there’s nothing to be learned about the legal side of surrogacy in Colorado. If you’re already overwhelmed, that’s ok; we’re here to help. Adoption and Surrogacy Choices of Colorado provides all of the support you need throughout the surrogacy process. Surrogacy is a complicated process, and you don’t have to do it alone. If you’re looking to become a surrogate in Colorado, we’ve got your back. Our expert and compassionate staff will answer all of your surrogacy questions, help you determine if you qualify, and get you on the road to becoming a gestational surrogate. It’s important to understand the legal basics of surrogacy, common questions, and other things you may encounter during surrogacy. Here are just a few legal basics of surrogacy in Colorado. 

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.

Is Surrogacy Legal in Colorado?

Short answer, yes. Colorado is actually considered one of the most surrogacy-friendly states in the U.S. There are no laws that prohibit surrogacy in Colorado, but that also means there are no laws that govern it.  Although there are no hard and fast rules about surrogacy in Colorado, it is still highly advised to work with a reputable agency and experienced attorney to protect you and everyone involved. Same-sex, out-of-state, single-parent, and other types of surrogacy are also legal in Colorado. 

Is Traditional Surrogacy Legal in Colorado?

Since surrogacy is legal and there are no real rules around surrogacy in Colorado at this time, traditional surrogacy is still legal. However, traditional surrogacy is not advised and sometimes not offered by all surrogacy agencies. Since the surrogate is the biological mother in traditional surrogacy, there are more significant risks for legal and emotional issues. Additionally, not many intended parents seek surrogates for traditional surrogacy for these reasons. Traditional surrogacy is extremely rare, not just in Colorado. 

What are the Laws around Surrogate Compensation in Colorado?

It is legal to compensate surrogates; however, there are no laws in Colorado governing the compensation for surrogates or what a base pay should be. Because of this, you should talk with your surrogacy agencies and/or attornies and discuss this when creating the surrogacy contract. Most agencies have a suggested base compensation, but not all. It’s also crucial to ensure the agency you work with is up-front and transparent about the distribution and amount of surrogate compensation. 

Surrogacy Contracts

You may be hearing a lot about surrogacy agreements and surrogacy contracts. So what is a surrogacy contract, and why is it important? Before the baby is born, some agreements have to be made between the surrogate and the intended parents in order to protect everyone involved. Surrogacy contracts act as a mutually agreed-upon guide for the surrogacy journey. It covers important topics like expectations, risks, responsibilities, emergency situation plans, compensation, and so much more. There are no rules or laws in Colorado that say what you can or can’t have included in the contract, but your surrogacy agency and/or attorney can guide you. Surrogacy contracts must be agreeable for the surrogate and intended parents, and once everyone has signed, you’re ready to go! 

Legal Parentage in Colorado

What is a parent? The surrogate carries the baby, but they have no DNA shared with them. Sometimes, one or both of the intended parents share biological ties to the child, but not always, like if a donor is used. So who’re the legal parents? How is legal parentage decided? Although surrogates don’t really have to know how this works, it’s still good knowledge to have. Intended parents will work with their attorney to establish legal parental rights. Every situation will be different and depends on whether the intended parents are genetically related to the child or used one or more donors for sperm or eggs. In some cases, a pre-birth parentage order may be needed, but they are easy to get and don’t add a lot of extra time or effort to the legal process. 

Can a Surrogacy Agency Help me With Legal Stuff?

Worry not, Adoption and Surrogacy Choices of Colorado will ensure you are taken care of. We’ll make sure you are legally represented, supported, and protected. Surrogates are special, and we want to make sure the Colorado surrogacy process is smooth and enjoyable for everyone involved. Surrogates are making a selfless and beautiful decision to help a family grow, and they deserve to be backed up by the best team possible. As a surrogate, you already have so much on your shoulders; we want you to rest easy knowing you’re compensated fairly and safeguarded from any legal complications. You shouldn’t have to worry about anything other than enjoying your time as a surrogate and bringing the gift of life to a hopeful couple. ]\

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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