Modern methods for starting or growing a family are available if you hope to become a loving parent. Fortunately, Colorado is one of the most supportive states when it comes to surrogacy and assisted reproduction technologies such as egg or sperm donation and in-vitro fertilization (IVF). To ensure that your methods for building your family are legally sound and protective of your rights, get the help of a reputable family law attorney.
The attorneys at Goldman Law, LLC are top-rated in the field of family law. With over 25 years of experience, our firm stays highly knowledgeable in recent legal developments regarding surrogacy and assisted reproduction. With this, we efficiently navigate the family legal landscape towards favorable personalized results for our clients.
Goldman Law can help you if you are:
- An intended parent – married or unmarried – hoping for a legally secure surrogacy
- A surrogate wanting to protect your rights
- An individual or couple looking into IVF, sperm or egg donation, or other assisted reproduction technologies
- An LGBTQ+ individual or couple looking into family formation
- An individual or couple needing representation in parental contracts
- A party in a dispute over parental agreements.
Let’s start by talking about your family goals and situation. Schedule your confidential consultation with us at Goldman Law. Call (303) 656-9529 today.
Colorado Surrogacy Law
Colorado has historically been accepting of surrogate arrangements, but in 2021, the state solidified its position by enacting the Colorado Surrogacy Agreement Act. This law established standards and protections for intended parents, surrogate parents, donors, and children from surrogacy. Here are some important provisions in Colorado’s surrogacy law:
Colorado allows both gestational surrogacy and genetic surrogacy.
Gestational surrogacy is where the surrogate mother is not genetically linked to the child; the embryo is typically formed by the intended parents’ egg and sperm, then implanted in the surrogate. Alternatively, the process may use a sperm or egg donor who is not an intended parent. In this case, the donor may be related to the child by DNA but will not be considered a legal parent of the child.
Meanwhile, genetic surrogacy (also known as traditional surrogacy) is where the surrogate mother uses her own egg to be fertilized by the intended father’s sperm. Fertilization may be done in-vitro or by way of an intrauterine insemination (placing the sperm using a small catheter). The surrogate mom will have a DNA link to the child, but under a Colorado pre-birth order, she will not be a legal parent of the child.
Married couples, unmarried couples, and single individuals are allowed to be intended parents in Colorado.
An intended parent needs to meet eligibility requirements: be at least 21 years old, complete a surrogacy-specific medical evaluation, and be represented by a lawyer licensed in Colorado. The state’s surrogacy law does not have special rules for same-sex couples or individuals wanting to be intended parents. The same requirements apply.
Surrogates in Colorado must satisfy eligibility criteria.
Each would-be surrogate needs to:
- Be at least 21 years old
- Have given birth to at least one child before
- Complete a surrogacy-specific medical evaluation
- Complete a surrogacy-specific mental health consultation
- Be represented by a lawyer licensed in Colorado.
If you would like to be an intended parent or a surrogate, it’s important to understand how Colorado’s surrogacy law applies to you. Reach out to us at Goldman Law for a helpful consultation with one of our experienced attorneys.
Key Legal Documents in Colorado Surrogacy
When you enter a surrogacy arrangement in Colorado, you’ll need certain documents that affirm your rights and obligations, as well as the rights and obligations of other parties involved. The main legal documents needed in Colorado surrogacy are:
Colorado surrogacy contract
This legal document describes in detail the arrangement between the intended parent and the surrogate. A good surrogacy contract contains:
- The rights and responsibilities of each party
- How health and medical costs will be covered
- Arrangements for communication between parties
- Specific requisites for surrogate’s lifestyle, health, and birth
- Contingency plans in the event something goes wrong (such as pregnancy termination or reduction)
- Compensation scheme for the surrogate.
It’s wise to get a lawyer’s guidance when crafting and executing a surrogacy contract. In Colorado, you can approach us at Goldman Law to assist you with this crucial task.
Colorado pre-birth order (PBO)
A pre-birth order is a court-issued declaration that the intended parents are the child’s legal parents, and that the surrogate, her spouse, and any donors involved are not the legal parents. If you’re the intended parent, this document establishes your legal parentage of the baby and puts your name as the mother or father on the baby’s birth certificate. If you’re the surrogate, this court order removes your parental responsibilities and rights upon the birth of the child.
To get a pre-birth order in Colorado, the intended parent’s attorney will file a petition with the court while the surrogate pregnancy is ongoing. Typically, no court hearing is needed to get the judge to issue the PBO.
In some cases, a post-birth order is also needed to establish legal parentage. For instance, if the intended parents are foreign citizens, a post-birth order may be required by their home country. Colorado also supports post-birth orders, and we at Goldman Law can help you secure one.
Assisted Reproductive Technology (ART): Colorado Laws
In Colorado, “assisted reproduction” means causing pregnancy through a method that’s not sexual intercourse. Some of the most popular assisted reproductive technologies (ARTs) are in-vitro fertilization (IVF) and artificial insemination with a donated gamete (egg or sperm). When ARTs are involved, it can be easy to confuse the roles of biological and legal parents. Thankfully, Colorado has laws in place that help clarify these.
- The Colorado Uniform Parentage Act has a section on assisted reproduction, specifying what situations make one a legal parent of a child. This law makes it possible for non-biological parents to be legally considered a natural parent, provided they satisfy certain legal requisites such as an ART consent form. This statute also makes clear that gamete donors are not legal parents of an ART child.
- Marlo’s Law (HB 22-1153), signed into law in 2022, streamlines the process of establishing a non-biological parent’s legal parentage of a child. In the past, a non-biological parent had to go through a long and arduous adoption process to become a legal parent of their ART child. With this new law, requirements such as hearings and intensive home studies are removed for ART parents.
- Marlo’s Law has also eliminated its “man-woman” language when referring to intended parents. This allows LGBTQ+ or same-sex couples to enjoy the same assisted reproduction rights as heterosexual parents.
These laws apply broadly to various assisted reproduction techniques in Colorado such as IVF, egg or sperm donation, and embryo donation. Regardless of which ART you are planning to use, you’ll want to ensure all your legal requirements are completed and your rights are legally secured. Get high-quality help from Goldman Law.
Call the Top-Rated Goldman Law – Surrogacy and ART Attorney in Colorado
See how Goldman Law, LLC can help you achieve your family goals. Our attorneys are eager to listen to you and provide personalized family law service. Schedule your private consultation by calling (303) 656-9529.
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