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 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!