Legal note: This is educational information, not legal advice. Application of Colorado law depends on the facts of the arrangement and should be reviewed by Colorado reproductive counsel.
Colorado Surrogacy Agreement Act
Colorado enacted the Colorado Surrogacy Agreement Act through HB21-1022. The law establishes requirements for surrogacy agreements and authorizes courts to determine parentage in connection with compliant arrangements.
What the statute addresses
- Eligibility requirements for parties entering a surrogacy agreement
- Required terms and execution of the agreement
- Termination rights before certain medical steps
- Effects of death or changes in marital status
- Court orders determining parentage
- Rights and duties created by the agreement
Parentage orders
Colorado law authorizes a proceeding for a court order determining parentage before, on or after the birth of a child conceived under a surrogacy agreement. The exact procedure and timing should be planned with Colorado counsel.
Why the old description was inaccurate
Colorado should not be described as relying only on case law or informal court practice. Since 2021, it has had a dedicated surrogacy statute. Any current legal guide should start with that statute.
Before proceeding
Have Colorado counsel review jurisdiction, agreement timing, independent representation, medical steps and the parentage petition before treatment proceeds.
Planning beyond the legal framework
Intended parents can also compare state-specific cost factors, review agency fees and inclusions, explore available-surrogate search options, and use the surrogate-finding guide.
Related: all state guides · legal process · choosing an agency