Colorado is known for being a surrogacy-friendly state, making it a great place to start your journey.
Whether you are considering becoming a surrogate or exploring surrogacy to build your family, understanding the legal process is crucial. In this guide, we’ll break down Colorado’s laws around surrogacy compensation, contract enforceability, pre-birth orders and more.
If you're ready to take the next step, speak to one of our surrogacy specialists today to get expert advice tailored to your journey.
Colorado Surrogacy Laws: Clear Protections for Hopeful Parents and Surrogates
In Colorado, gestational surrogacy is legal under the Colorado Surrogacy Agreement Act (Colorado Revised Statutes, sections 19-4.5-101 through 19-4.5-114). This legislation establishes the legal framework for surrogacy agreements, providing the necessary protections for both intended parents and surrogates.
Colorado’s surrogacy laws are comprehensive but also flexible, ensuring that surrogacy contracts are enforceable in court. To help you navigate these laws with confidence, American Surrogacy partners with trusted attorneys who can guide you through the process and help you understand your rights and responsibilities.
Is Paid Surrogacy Legal in Colorado? Here’s What You Need to Know
Yes, paid surrogacy is legal in Colorado. The state allows surrogates to receive compensation for their time, effort and commitment to carrying the pregnancy. This ensures that surrogates are supported throughout the process and recognizes the physical and emotional toll that childbirth can take.
In states where surrogacy compensation is not allowed, it can be more challenging to find a surrogate. American Surrogacy works with intended parents across the country, which means we can help you find a match in Colorado.
Curious about surrogate compensation? Learn more about how surrogate compensation works and what you can expect to pay.
Are Surrogacy Contracts Enforceable in Colorado? Yes, and Here’s Why It Matters
Yes, surrogacy contracts are enforceable in Colorado. The law outlines the eligibility requirements for surrogates and intended parents, as well as the essential components of a valid surrogacy agreement. Colorado also provides flexibility in enforcing these agreements if they aren't perfectly compliant, as long as the intent of the contract is clear.
If the contract is breached, the other party can take legal action, unless otherwise specified in the agreement. However, it’s important to note that the court cannot enforce decisions related to impregnation, abortion or medical procedures.
Surrogacy Contract Checklist
Here’s what should be included in a surrogacy contract:
Compensation for the surrogate, reimbursements and handling of unexpected costs. Who makes decisions about embryo transfers, selective reduction, pregnancy termination or cesarean delivery? Wellness expectations, travel restrictions and communication preferences. How and when the intended parents will be recognized as the child’s legal guardians. Clear methods for resolving disagreements—without jeopardizing the journey. What happens if one party needs to end the agreement early?
At American Surrogacy, we work with you and your surrogacy attorney to ensure that your contract reflects your wishes and is fully compliant with Colorado’s surrogacy laws.
When Do I Need a Surrogacy Contract in Colorado?
In Colorado, a surrogacy contract is typically signed after a surrogate and intended parents are matched. This ensures that both parties have a clear understanding of their rights and responsibilities before starting the IVF process.
Understanding the surrogacy timeline can help you prepare for the next steps. Learn more about the process online.
Dependable Legal Guidance: How American Surrogacy Supports You During the Contract Stage
At American Surrogacy, we coordinate closely with experienced surrogacy attorneys to ensure that your contract reflects both your wishes and Colorado’s legal requirements
Explaining complex legal language in plain terms Assisting with contract negotiations and feedback loops Coordinating timelines between medical and legal milestones Ensuring all documentation is signed and submitted on time Connecting you with a surrogacy attorney near you How We Help You
You can be confident that before we even present you with a surrogate’s profile, we’ve already researched the state’s surrogacy laws. We’re here to guide you every step of the way, providing the reassurance and legal protection you deserve.
Our Local Offices
If you'd like to meet with one of our surrogacy specialists in person, we have a local office in Colorado:
Denver
1400 16th St.
Suite 400
Denver, CO 80202
LGBTQ+ Surrogacy Laws in Colorado: Protection for All Families
Colorado offers strong protections for LGBTQ+ couples seeking to build their families through surrogacy.
Under state law, both parents can be listed on the child’s birth certificate. This can be written as “Mother” and “Mother,” “Father” and “Father,” “Parent” and “Parent” or “Mother” and “Parent.” Both married and unmarried LGBTQ+ couples can receive pre-birth orders in Colorado. This ensures that both parents are legally recognized before the child is born. If needed, LGBTQ+ couples can also pursue second-parent adoption after the child's birth. This helps further solidify legal parental rights.
At American Surrogacy, we proudly support all family-building journeys. We can guide you through the legal process to ensure that your parental rights are fully established.
Abortion Laws in Colorado and Surrogacy Contract Termination Agreements
If you are considering surrogacy in Colorado, it’s important to understand that all surrogacy contracts include provisions about pregnancy termination.
Colorado’s constitution protects abortion rights, and there are no additional restrictions like gestational duration. This means that surrogates and intended parents can make decisions based on medical advice and personal preference.
If you live in a state with strict abortion laws, you may want to consider pursuing surrogacy in a state like Colorado. We can help you navigate these decisions and ensure that your surrogacy agreement reflects your needs and preferences.
Legal Parenthood: Surrogacy Laws for Establishing Parentage in Colorado
Colorado makes it easy for intended parents to establish legal parentage, whether they are married, unmarried or single. Both pre-birth and post-birth orders are available, even if you’re not genetically related to the child.
Here’s what you show know about each process:
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Pre-birth orders can be granted to ensure that intended parents are recognized as the legal parents before the child is born.
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After the child’s birth, post-birth orders can further solidify the parents' legal rights, including situations where egg or sperm donors were used.
LGBTQ+ couples have the same rights as other families, and they can obtain pre-birth orders regardless of whether they are genetically related to the child.
How to Get a Pre Birth Order
To obtain a pre-birth order in Colorado, follow these steps:
Your attorney will ensure you include the necessary legal documents and information about you and your surrogate. The court will review your petition. If it is clear that you intend to become the legal parents, the order will be granted. If all goes smoothly, you’ll receive the birth certificate shortly after the birth.
You don't need a hearing to obtain a pre-birth order, and the process is consistent across counties.
International Surrogacy Laws
Colorado does not have laws specific to international intended parents, but the state's existing surrogacy laws still apply. If you're an international client, American Surrogacy can help you find a surrogate in the U.S. who meets your needs and complies with the legal framework in Colorado.
The Role of a Surrogacy Attorney in Colorado — Your Legal Advocate at Every Step
A surrogacy attorney is crucial in ensuring that your surrogacy agreement complies with state laws and protects your rights. Here’s what your attorney will assist with through your journey:
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Drafting your contract according to Colorado surrogacy law
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Coordinating with your agency and fertility clinic
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Representing your interests
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Filing for pre- and post-birth orders
At American Surrogacy, we work with a network of trusted surrogacy attorneys throughout Colorado to provide you with legal expertise and support. We can help you find the right professional based on your surrogacy situation.
Are you ready to connect with a surrogacy attorney?
How much does a surrogacy lawyer cost?
Surrogacy lawyer fees in Colorado typically range from $5,000 to $15,000, depending on the complexity of your case. Intended parents are responsible for covering their own legal fees as well as their surrogate’s.
Fortunately, our comprehensive programs include legal costs, so you won’t need to worry about unexpected costs. Our goal is to make it easier and more affordable to complete your journey.
Find a Surrogacy Attorney Near Me
Need help finding a trusted surrogacy attorney in Colorado? These professionals are all part of American Surrogacy’s network:
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Trachman Law Center LLC (Denver): Ellen Trachman focuses on assisted reproduction law, LGBTQ+ family building, egg donation, embryo donation, sperm donation and surrogacy. She’s a member of the American Academy of Adoption and Assisted Reproductive Attorneys (AAAA).
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Patricia M. Hoban LLC (Bala Cynwyd, PA): Although based in Pennsylvania, Patricia is licensed to practice in Colorado. She specializes in assisted reproduction, LGBTQ+ family building, and donor agreements, and has been an AAAA member since 2019.
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McArthur Law Firm LLC (Evergreen): Emily McArthur specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s been an AAAA member since 2014.
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Law Office of Judith A. Hoechst LLC (Littleton): Judith Hoechst is an experienced surrogacy attorney with a medical background. She focuses on assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She’s been an AAAA member since 2015
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Koupal Law Firm (Denver): Laura Koupal specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy. She has also been an AAAA member since 2011.
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Patterick Law (Denver): An AAAA member since 2016, Nicole Patterick specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy.
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Sarah E. Wilson Law Firm PLC (Ankeny, IA): Based in Iowa but licensed in Colorado, Sarah Wilson provides comprehensive legal support for surrogacy and donor agreements. She’s also an AAAA member.
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Virginia L. Frank PLC (Boulder): Virginia Frank has been a member of the Academy of Adoption and Assisted Reproductive Attorneys since 1999. She specializes in assisted reproduction, LGBTQ+ family formation, egg donation, embryo donation, sperm donation and surrogacy.
Explore Our Surrogacy Programs in Colorado and Find the Right Fit for Your Journey
At American Surrogacy, we offer three surrogacy programs tailored to meet your needs. Whether you're looking for financial flexibility, a more traditional payment plan or a simpler route to begin your surrogacy journey, we have a solution.
Limited Risk Program
Want more financial security as you grow your family? Our Limited Risk Program protects intended parents from financial loss if unexpected setbacks arise during the journey. If your surrogate is disqualified, an embryo transfer is unsuccessful or other complications occur, you won’t have to pay twice. Your fees will be refunded or credited toward your next step.
Foundation Program
This pay-as-you-go option offers a lower upfront investment. The Foundation Program allows you to make payments for services are needed. This model works well if you experience a successful first embryo transfer. However, you should be prepared for additional expenses if unexpected complications arise, like needing multiple transfers or matching with a new surrogate.
Independent Surrogacy Program
If you’ve already matched with a surrogate, our Independent Surrogacy Program can help you skip duplicate screenings and extra agency fees. We’ll provide all the support you still need — like legal guidance and coordination — so you can move forward with confidence.
FAQ: Legal Aspects of Surrogacy in Colorado
Are insurance companies required to cover IVF in Colorado?
Yes. Under Colorado Revised Statutes, section 10-16-104, large group insurance plans (100+ employees) must cover infertility diagnosis and treatment, including IVF and fertility preservation services. This includes up to three completed egg retrievals and unlimited embryo transfers, as long as single embryo transfer is recommended. These plans can’t impose stricter limits on fertility treatments than on other health benefits.
Is an embryo considered a person in Colorado?
No. Colorado law does not grant legal rights to embryos, fertilized eggs or fetuses. The Reproductive Health Equity Act affirms that these entities do not have independent or derivative legal rights in the state.
Is traditional surrogacy legal in Colorado?
Yes. However, it’s rarely practiced. While traditional surrogacy is legal, most professionals discourage it due to the added legal complexities and emotional risks. Gestational surrogacy is the preferred and more widely supported option.
Do sperm and egg donors have parental rights?
No. Under the Uniform Parentage Act (Colorado Revised Statutes, section 19-4-106), donors are not considered legal parents if they do not intend to parent the child and the conception occurred through artificial insemination. This is true regardless of whether the donor is known or anonymous.
Is there an IVF Tax Credit?
No. Unfortunately, Colorado does not offer an IVF tax credit. However, you can deduct qualified medical expenses on your federal income tax return if they exceed 7.5% of your adjusted gross income.
Moving Forward With Surrogacy in Colorado
Navigating the legal aspects of surrogacy in Colorado can be complex, but with American Surrogacy by your side, you'll have trusted experts helping you at every step.
Whether you're an intended parent or a surrogate, we provide the support, guidance and legal expertise you need to ensure a smooth surrogacy journey. Contact us today to speak with a surrogacy specialist who can answer all your questions and help you get started.