An introduction to the laws of Assisted Reproductive Technology (ART) in the State of Colorado

Generally, is Colorado friendly to ART?   Yes, Colorado is friendly to ART.

Is Colorado friendly to non-married couples?  Yes, Colorado is friendly to non-married couples.

Is Colorado friendly to LGBT families?   Yes, Colorado is friendly to LGBT families.

Is Colorado friendly to a single intended parent?   Yes, Colorado is friendly to a single intended parent.

Are there statutes in place for surrogacy in Colorado?   Yes, Colorado has surrogacy statutes.

Does Colorado have an embryo donation statute?  No, Colorado does not have an embryo donation statute.

Does Colorado have an egg donation statute?   Yes, Colorado has an egg donation statute.

Is gestational surrogacy (third party gamete use) permitted in Colorado?  Yes, you may pursue gestational surrogacy in Colorado.

Is traditional surrogacy (use of the surrogate’s genetic material) permitted?  Yes, traditional surrogacy is permitted in Colorado.

In Colorado, is compensated surrogacy allowed by statute? In practice?  Yes, you may compensate a surrogate by statute in Colorado.

In Colorado, is uncompensated (expense reimbursement only) surrogacy allowed by statute? Yes, by statute uncompensated surrogacy is allowed in Colorado.

Does Colorado only permit a Carrier to be reimbursed for expenses?  No, you can compensate a surrogate in Colorado.

In Colorado, are surrogacy agreements enforceable, void or prohibited?  So long as the surrogacy agreement conforms to the statutory requirements, it is enforceable in Colorado.

Do both Intended Parents both have to be genetically related to the child in Colorado?  No, it is not required for both Intended Parents to be genetically related to the child in Colorado.

Does Colorado require at least one Intended Parent to be genetically related to the child?  No, Colorado does not require a t least one Intended Parent to be genetically related to the child.

If a single intended parent uses surrogacy, do they have to be genetically related to the child in Colorado?  No, in Colorado, if a single intended parent uses surrogacy, they do not  have to be genetically related to the child.

In Colorado, do the Intended Parents have to be married?  No, Intended Parents do not have to be married in Colorado.

In Colorado, do two Intended Parents have to be opposite genders?  In Colorado, two Intended Parents do not have to be opposite gender.

Does Colorado allow pre-birth parentage orders to be issued for surrogacy?  Yes, Colorado allows a pre-birth parentage order to be issued for surrogacy.

Does Colorado only allow a post-birth parentage order to be issued?  No, Colorado does not only allow a post-birth parentage order to be issued.

Can you obtain both a pre and post birth order in Colorado for the same child? Yes, you can obtain both a pre and post birth order in Colorado for the same child.

Can you obtain a parentage order only if the carrier resides in Colorado?  Yes, you can obtain a parentage order if the Carrier resides in Colorado.

Can you obtain a parentage order if only the intended parents reside in Colorado?  Yes, you can obtain a parentage order in Colorado if only the parents reside in Colorado.

Can you obtain a parentage order only if the birth occurs in Colorado?  Yes, you can obtain a parentage order only if the birth occurs in Colorado.

Can you obtain a parentage order if only the medical procedures/IVF Clinic are in Colorado?   Yes, you can obtain a parentage order if only the medical procedure/IVF Clinic are in Colorado.

What is the basis for venue in Colorado?   Venue for surrogacy in Colorado is dictated by Statute.

In Colorado is a hearing required for a parentage order?  A hearing is not required for a parentage order in Colorado.

Does Colorado have a passport office?  Colorado has a passport office.

Will your vital records honor a parentage order from another state in Colorado?  Colorado vital records will honor a parentage order from another state.

Does Colorado’s vital records office require a parentage order from another state to be registered in Colorado?  Yes, Colorado’s vital records office requires a parentage order from another state to be registered in Colorado.

How does the birth certificate list same-sex parents in Colorado? Same-sex parents are listed on a Colorado birth certificate as follows:  Parent/Parent, Mother/Mother, or Father/Father.

Can an initial birth certificate be obtained naming the biological parent and the carrier in Colorado?   An initial birth certificate can be obtained in Colorado naming the biological parent and the carrier in Colorado.

Can the birth certificate be amended to include only the biological parent or both intended parents in Colorado?  A birth certificate can be amended in Colorado to include only the biological parent or both intended parents.

Do your amended birth certificates say “amended” on them in Colorado?  Colorado amended birth certificates do not say “amended” on them.

Can intended parents in a surrogacy obtain an adoption order in Colorado?  Intended Parents in a surrogacy can obtain an adoption order in Colorado.

Assisted Reproduction law and surrogacy involves many complex issues.  Parties who are contemplating engaging in a surrogacy arrangement in the State of Colorado should not rely exclusively on these printed responses.  All these issues should be discussed with a Colorado ART attorney who is experienced in surrogacy law.  Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.