As a full service surrogacy agency, we want to make certain that every detail is taken care of. That’s why we’ve created this extensive list of FAQ’s for surrogate mothers and intended parents.

Search our FAQs:

Gestational Carrier or Surrogate FAQ’s

Is surrogacy legal in Colorado?
Yes! There is no statute or published case law that prohibits gestational surrogacy in Colorado. 
Surrogacy law is constantly evolving and changing. The laws are different from state-to-state, and sometimes even from county-to-county.
What if I live in a state where surrogacy is illegal?
If you are an intended parent and live in a state where surrogacy is illegal, you still have options. Most intended parents who live in states where compensated surrogacy is illegal choose to work with surrogates from other surrogacy-legal states.
A surrogate who wants to receive compensation for a surrogacy journey must live in a surrogacy-legal state.
How much money are surrogates paid?
The base compensation for gestational surrogates in Colorado ranges from $45,000 to $65,000. First-time surrogates earn a base compensation and usually an additional monthly allowance for miscellaneous expenses. Repeat surrogates can often earn more. While compensation packages are attractive with Surrogacy Choices of Colorado, our full line of surrogacy services and care provided to surrogates is what sets us apart from other agencies.
Does a surrogate mother share DNA with the baby?

Because of gestational surrogacy, as mentioned above, the baby does not share DNA with the surrogate mother. Therefore, the surrogate mother will be in no way biologically tied to the child.

 

Does a surrogate mother share blood with the baby?

During pregnancy, the baby receives nutrients, oxygen, and blood from the gestational carrier through the umbilical cord. Therefore, in the most literal sense, yes, the surrogate mother shares blood with the baby. However, that doesn’t mean she has a genetic link to the baby. The baby’s DNA comes from the egg and the sperm, regardless of the gestational carrier. With gestational surrogacy, the surrogate is not the egg donor; therefore, there is no genetic link between the surrogate mother and the baby, even though during the course of the pregnancy, blood is shared between the baby and the surrogate. Similarly, if a patient receives a blood transfusion during a medical procedure, the patient does not then become genetically related to the blood donor. 

 

Do babies look like the surrogate mother?

Since the surrogate mother will be carrying the baby, it is common to assume that the baby might share a genetic link to the child. However, because of gestational surrogacy, the baby will have no biological link to the surrogate mother. So how does gestational surrogacy work? The egg and sperm, either donated or from the intended mother or father, are combined in a lab then carried by the surrogate mother to term. This way, the surrogate mother is in no way linked to the intended parent’s child.

 

How many times can a woman be a surrogate?

Depending on the woman’s age, physicality, and emotional capacity, the number of times she can be a surrogate can vary. The surrogacy process, while it does not need to be stressful, can be a long one. So, it is up to the surrogate mother how many times she wants to go through the surrogacy process. Many women are experienced surrogate mothers, meaning they have gone through the surrogacy journey two or more times.

 

What medications will I have to take as a gestational surrogate?

Our agency provides surrogate mothers with health screenings and prenatal care. You will go through testing and physicals to make sure you are mentally and physically prepared for your journey. The medications prescribed to you will be up to your doctor. Your health will be a top priority.

Can I use my previous OB/GYN for my surrogacy pregnancy?

You can absolutely work with any medical professional of your choosing! If you already have an OB/GYN you trust, our agency will be happy to work with them. You can choose who will be on your team to help you through your journey. As a surrogate mother, you deserve to have a team you trust and feel comfortable with.

 

Why is BMI Important When Becoming a Surrogate?

The surrogacy journey is a highly physical one. We provide health screenings and ask specific requirements of intended parents and surrogate mothers to ensure everyone’s safety. Your BMI can affect your pregnancy and recovery time, so it is important to have a BMI no higher than 30. When going through a physical as a surrogate mother, we need to make sure you will be safe and the baby will be safe through the carrying term.

 

Do I need a lawyer for surrogacy?
Yes. A surrogacy lawyer is extremely important. Intended parents often turn to surrogacy attorneys for help navigating the gestational surrogacy journey. Adoption and Surrogacy Choices of Colorado ensures you are legally represented and supported. 
Can a surrogate mother decide to keep the baby?

No. The surrogates who work with Adoption and Surrogacy Choices of Colorado are all gestational surrogates and, as such, have no legal claim to the baby. No genetic connection exists between the surrogate mother and the baby. Additionally, both the surrogate and the intended parents enter into a legally binding contract detailing both parties’ surrogacy process and expectations before the pregnancy begins. Usually, through a pre-birth order, the baby’s intended parents are listed as the baby’s legal parents at the time of birth. The surrogate no longer needs to relinquish parental rights in Colorado, as she doesn’t ever have parental rights.

 

Has a surrogate ever decided she wants custody of the baby?

Yes. The most well-known case was that of “Baby M” in the mid-1980s. Bill and Betsy Stern hired Mary Beth Whitehead as their surrogate in 1984 for a fee of $10,000. This arrangement was a traditional surrogacy, meaning Ms.Whitehead was not just the gestational carrier but also the egg donor. As such, Ms. Whitehead was the biological mother of the child. When the baby was born, Ms. Whitehead refused to give up custody. After a lengthy court battle, the judge eventually ruled in favor of joint custody.  

The Baby M case served as a cautionary tale for traditional surrogacy everywhere, causing many states to pass much stricter surrogacy laws. After the Baby M case, most professional surrogacy agencies, including Adoption and Surrogacy Choices of Colorado, only facilitate gestational surrogacies in which the surrogate mother has no biological connection to the baby. 

 

 

What disqualifies you from being a surrogate?

Carrying a baby on behalf of his or her intended parents is a challenging process. Therefore, a potential surrogate will undergo multiple screenings before being accepted as a gestational surrogate. Included are screenings for physical and mental health as well as legal checks. 

Physically, a woman could be disqualified for anything that might raise the risk of pregnancy complications. She needs to meet several physical criteria such as being of safe childbearing age (approximately 21-39), having a healthy body mass index, having had at least one successful previous pregnancy (but less than five vaginal births or three cesarean sections). Additionally, she must be both smoke- and drug-free and not have any illnesses transmittable to the baby.  

Legally, she must be a legal US resident who speaks English. If she’s married, she must have her husband’s support for surrogacy. She will also have to pass a legal background check and live in a place where surrogacy is legal. 

Mentally she has to be healthy and prepared for the emotional and mental demands of surrogacy. 

Not meeting any of these above criteria would disqualify a potential surrogate. The above list is not comprehensive. Additional criteria may need to be met before a woman can become a gestational surrogate.

What is the success rate of surrogacy?

While the utmost care is taken during every step of the process, things can still go wrong in any pregnancy. Since not every surrogacy agency or other surrogacy professional tracks data such as this in the same way or holds surrogates to the same standards of health, this is a difficult number to solidly nail down. However, the data we do have suggests that among gestational surrogacies for which the surrogate passes screenings like the ones used by Adoption and Surrogacy Choices of Colorado, the success rate for healthy births is around 95%. 

 

What are the risks of surrogacy?

Physically, the risks of surrogacy mirror that of any traditional pregnancy. The surrogate may experience weight gain, nausea, heartburn, stretch marks, and any other common pregnancy complaints. More serious risk factors could include illnesses such as gestational diabetes or hypertension. Gestational surrogacy requires undergoing the process of in vitro fertilization, which can include some minor risk factors as well. But most women who qualify for surrogacy experience only the usual discomforts associated with their previous pregnancies.  

Emotionally, surrogacy can bring a few unexpected risks not usually associated with traditional pregnancy. Most surrogates report joy and satisfaction when they’ve helped create a family. But some may experience more complicated feelings as well. After nearly a year of bonding, the baby does go home with someone else, and that transition can be hard for a surrogate mother. Adoption and Surrogacy Choices of Colorado has support services in place to help surrogates who experience difficult postpartum emotions and want help processing it. 

 

Does the location of the surrogacy agency matter?

Legally speaking, the physical location of the surrogacy agency does not matter, as long as the surrogate is in the same state and the laws of that state are surrogacy friendly, as they are in Colorado. However, our surrogates often find it helpful that Adoption and Surrogacy Choices of Colorado has locations in Colorado Springs and Denver, allowing easier access to all of the support services we offer to our surrogates and intended parents. Many of our surrogates enjoy participating in support groups with other surrogates and being able to talk to other women who’ve experienced gestational surrogacy. 

 

Intended Parent FAQ’s

Is surrogacy legal in Colorado?
Yes! There is no statute or published case law that prohibits gestational surrogacy in Colorado. 
Surrogacy law is constantly evolving and changing. The laws are different from state-to-state, and sometimes even from county-to-county.
What if I live in a state where surrogacy is illegal?
If you are an intended parent and live in a state where surrogacy is illegal, you still have options. Most intended parents who live in states where compensated surrogacy is illegal choose to work with surrogates from other surrogacy-legal states.
A surrogate who wants to receive compensation for a surrogacy journey must live in a surrogacy-legal state.
What are the surrogate fees?
Surrogate compensation might include:
  • Fee for gestational surrogate (experienced gestational surrogates may command higher compensation)

  • Monthly incidentals (travel to doctors appointments, parking, childcare, FedEx, faxes, healthy diet, vitamins, etc.)

  • Housekeeping allowance

  • Maternity clothing allowance

  • Health insurance for surrogate (premiums, co-pays and deductibles)

  • Life insurance for surrogate

  • Embryo transfer fee

  • Group/individual support meeting allowance

  • Stipend for surrogate’s independent attorney

Possible additional compensation might include:

  • Multiple pregnancy

  • Additional transfer fee (per transfer, as necessary)

  • Fee for travel and lodging expenses if surrogate lives 100+ miles from IVF clinic

  • Invasive procedures

  • Caesarean section

  • Loss of uterus

  • Childcare during doctor ordered bed rest

  • Surrogate lost wages

  • Companion travel (if desired, for invasive procedures only)

  • Companion lost wages

Is it cheaper to adopt or to have a surrogate?

The adoption and surrogacy process can be a unique experience for every individual. For some, your insurance can help cover some fees for surrogacy or adoption. Things like lawyer fees, compensation plans, and other costs that may come up along the way can affect the overall cost of adoption or surrogacy. If finding financial help is a concern of yours, you can work with Adoption and Surrogacy Choices of Colorado to get an estimate and find the best fitting path for you.

Can my mother be our surrogate?

Our surrogacy agency has requirements for those looking to become surrogate mothers. These requirements are meant to keep the surrogate mother safe through the process. Our requirements are but are not limited to:

  • Must be between the ages of 21 and 39
  • Must be actively parenting at least one child
  • Cannot have any mental or physical health issues
  • Must have had at least one healthy, uncomplicated pregnancy

If your mother meets these and our other requirements, then we can work with both of you. If your mother does not meet these requirements, but you know someone who does, we can work with them.

Can a family member (my sister/ my husband's mom/ my husband's sister) be our surrogate?

Yes, she can! If you’ve found a woman willing to be your gestational surrogate, that’s an amazing gift! However, whether your surrogate is someone you know, a relative, or a person you match with through Adoption and Surrogacy Choices of Colorado, she cannot also be the egg donor. While traditional surrogacy is not illegal in Colorado, most surrogacy professionals will only facilitate gestational surrogacy, in which the surrogate mother is not also the biological mother of the baby. Traditional surrogacy carries many additional legal and emotional risks that can complicate the surrogacy process for everyone. Additionally, your potential surrogate would still need to meet the qualifications for a healthy, low-risk gestational surrogate. 

 

Does a surrogate mother share DNA with the baby?

Because of gestational surrogacy, as mentioned above, the baby does not share DNA with the surrogate mother. Therefore, the surrogate mother will be in no way biologically tied to the child.

 

Does a surrogate mother share blood with the baby?

During pregnancy, the baby receives nutrients, oxygen, and blood from the gestational carrier through the umbilical cord. Therefore, in the most literal sense, yes, the surrogate mother shares blood with the baby. However, that doesn’t mean she has a genetic link to the baby. The baby’s DNA comes from the egg and the sperm, regardless of the gestational carrier. With gestational surrogacy, the surrogate is not the egg donor; therefore, there is no genetic link between the surrogate mother and the baby, even though during the course of the pregnancy, blood is shared between the baby and the surrogate. Similarly, if a patient receives a blood transfusion during a medical procedure, the patient does not then become genetically related to the blood donor. 

 

Do babies look like the surrogate mother?

Since the surrogate mother will be carrying the baby, it is common to assume that the baby might share a genetic link to the child. However, because of gestational surrogacy, the baby will have no biological link to the surrogate mother. So how does gestational surrogacy work? The egg and sperm, either donated or from the intended mother or father, are combined in a lab then carried by the surrogate mother to term. This way, the surrogate mother is in no way linked to the intended parent’s child.

 

How often will we see our Surrogate?

The short answer to that question is that you will see your surrogate as often or as little as you like. The relationship that intended parents form with their surrogate is unique to the people involved. At Adoption and Surrogacy Choices of Colorado, you participate in the matching and relationship-building process with your surrogate before you ever meet them. Our experts are dedicated to ensuring that each match is the perfect one to create a new family. As part of this process, parents and surrogates are asked to consider what type of communication level each party wants.

For example, a couple who wants constant, regular contact with their surrogate shouldn’t be paired with a surrogate who only wants contact after doctor appointments. Or doesn’t want any contact throughout the process. To guarantee that the process goes smoothly and has the best result for all parties, questions like that must be asked and answered very early to start with the same expectations.  

How will we become the legal parents of our child?

The state of Colorado has a surrogacy-friendly legislative system. With the help of a lawyer of your choosing, you can make sure that you have all the essential documents to become the legal guardians of your child. Also, the state of Colorado can provide you with a pre-birth parentage order, so you have legal guardianship of your child before they are born. Your names will also be on your child’s birth certificate. These legal documents will secure your custody over your child.

 

Do I need a lawyer for surrogacy?
Yes. A surrogacy lawyer is extremely important. Intended parents often turn to surrogacy attorneys for help navigating the gestational surrogacy journey. Adoption and Surrogacy Choices of Colorado ensures you are legally represented and supported. 
Do courts grant pre-birth parentage orders in Colorado?
Yes.
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
  • Married heterosexual couple using own egg donor and sperm donor:  Yes
  • Married heterosexual couple using egg donor or sperm donor: Yes
  • Unmarried heterosexual couple using own egg and own sperm:  Yes
  • Unmarried heterosexual couple using an egg donor or sperm donor: Yes
  • Same-sex couple using an egg donor or sperm donor:  Yes
  • Single parent using an own egg or sperm:  Yes
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
  • Married heterosexual couple: Yes
  • Unmarried heterosexual couple: Yes
  • Same-sex couple: Yes
  • Single parent: Yes
Will Colorado Vital Records honor a pre-birth order from another state?
In most cases, yes.
How are same-sex couples named on the final birth certificate?
Mother and Mother, Father and Father, Parent and Parent, Mother and Parent
Can a surrogate mother decide to keep the baby?

No. The surrogates who work with Adoption and Surrogacy Choices of Colorado are all gestational surrogates and, as such, have no legal claim to the baby. No genetic connection exists between the surrogate mother and the baby. Additionally, both the surrogate and the intended parents enter into a legally binding contract detailing both parties’ surrogacy process and expectations before the pregnancy begins. Usually, through a pre-birth order, the baby’s intended parents are listed as the baby’s legal parents at the time of birth. The surrogate no longer needs to relinquish parental rights in Colorado, as she doesn’t ever have parental rights.

 

Has a surrogate ever decided she wants custody of the baby?

Yes. The most well-known case was that of “Baby M” in the mid-1980s. Bill and Betsy Stern hired Mary Beth Whitehead as their surrogate in 1984 for a fee of $10,000. This arrangement was a traditional surrogacy, meaning Ms.Whitehead was not just the gestational carrier but also the egg donor. As such, Ms. Whitehead was the biological mother of the child. When the baby was born, Ms. Whitehead refused to give up custody. After a lengthy court battle, the judge eventually ruled in favor of joint custody.  

The Baby M case served as a cautionary tale for traditional surrogacy everywhere, causing many states to pass much stricter surrogacy laws. After the Baby M case, most professional surrogacy agencies, including Adoption and Surrogacy Choices of Colorado, only facilitate gestational surrogacies in which the surrogate mother has no biological connection to the baby. 

 

 

What is the success rate of surrogacy?

While the utmost care is taken during every step of the process, things can still go wrong in any pregnancy. Since not every surrogacy agency or other surrogacy professional tracks data such as this in the same way or holds surrogates to the same standards of health, this is a difficult number to solidly nail down. However, the data we do have suggests that among gestational surrogacies for which the surrogate passes screenings like the ones used by Adoption and Surrogacy Choices of Colorado, the success rate for healthy births is around 95%. 

 

What are the risks of surrogacy?

Physically, the risks of surrogacy mirror that of any traditional pregnancy. The surrogate may experience weight gain, nausea, heartburn, stretch marks, and any other common pregnancy complaints. More serious risk factors could include illnesses such as gestational diabetes or hypertension. Gestational surrogacy requires undergoing the process of in vitro fertilization, which can include some minor risk factors as well. But most women who qualify for surrogacy experience only the usual discomforts associated with their previous pregnancies.  

Emotionally, surrogacy can bring a few unexpected risks not usually associated with traditional pregnancy. Most surrogates report joy and satisfaction when they’ve helped create a family. But some may experience more complicated feelings as well. After nearly a year of bonding, the baby does go home with someone else, and that transition can be hard for a surrogate mother. Adoption and Surrogacy Choices of Colorado has support services in place to help surrogates who experience difficult postpartum emotions and want help processing it. 

 

Should I Buy My Surrogate a Gift?

The surrogacy journey can be a fulfilling and connective experience. Depending on how close you have bonded with your surrogate mother, a gift is a great idea! Helping someone in their time of need is an incredibly selfless act. Showing your surrogate mother your appreciation and gratitude is always a good idea.

 

Does the location of the surrogacy agency matter?

Legally speaking, the physical location of the surrogacy agency does not matter, as long as the surrogate is in the same state and the laws of that state are surrogacy friendly, as they are in Colorado. However, our surrogates often find it helpful that Adoption and Surrogacy Choices of Colorado has locations in Colorado Springs and Denver, allowing easier access to all of the support services we offer to our surrogates and intended parents. Many of our surrogates enjoy participating in support groups with other surrogates and being able to talk to other women who’ve experienced gestational surrogacy. 

 

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