Explore Colorado's Inclusive Surrogacy Laws

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Colorado has quickly become one of the most surrogacy-friendly jurisdictions in the United States. Since the Colorado Surrogacy Agreement Act took effect in 2021, Colorado has offered intended parents one of the nation's most modern, inclusive, and flexible legal frameworks for assisted reproduction and family building. Found at C.R.S. § 19-4.5-101 et seq., Colorado's surrogacy law was specifically designed to protect intended parents, gestational carriers, and children born through assisted reproduction while minimizing unnecessary legal barriers.

Unlike many states, Colorado imposes very few restrictions on who may pursue surrogacy. Colorado law recognizes intended parents regardless of marital status, gender, sexual orientation, or genetic connection to the child. Married couples, unmarried couples, same-sex couples, single parents, domestic intended parents, and international intended parents may all utilize Colorado's surrogacy laws to build their families. Colorado's inclusive approach has made it one of the most attractive destinations in the United States for modern family formation.

Colorado's surrogacy statute defines an "intended parent" as an individual, married or unmarried, who intends to become the legal parent of a child conceived through assisted reproduction. The law does not require marriage, does not require a medical diagnosis of infertility, and does not require a genetic relationship between the intended parent and the child. Intended parents may pursue surrogacy using their own gametes, donor eggs, donor sperm, donor embryos, or embryos with no genetic connection to either intended parent.

This flexibility makes Colorado particularly appealing for:

• Same-sex couples
• Single parents by choice
• Intended parents utilizing donor eggs or donor sperm
• Intended parents utilizing donated embryos
• Cancer survivors and individuals facing infertility
• Domestic intended parents residing anywhere in the United States
• International intended parents seeking a stable legal framework for surrogacy in the United States

Colorado's law focuses on the parties' intent to parent rather than biology, creating legal certainty for a wide range of family-building journeys.

Colorado permits compensated gestational surrogacy and provides a clear statutory framework for enforceable surrogacy agreements. Surrogacy agreements must be in writing, executed before medical procedures begin, and reviewed by independent attorneys licensed in Colorado. Each party receives separate legal representation to ensure informed consent and compliance with the statutory requirements.

The law also contains important protections for gestational carriers. Colorado expressly preserves a surrogate's right to make decisions regarding her own health, welfare, and medical care throughout the pregnancy. At the same time, the statute provides intended parents with clear legal recognition of their parental rights. Under Colorado law, intended parents become the child's legal parents by operation of law, and surrogates do not acquire parental rights simply by carrying the pregnancy.

One of Colorado's greatest advantages is its efficient parentage process. Colorado courts routinely issue pre-birth parentage orders that recognize intended parents before a child is born. Importantly, these orders are available to both genetic and non-genetic intended parents, eliminating the need for post-birth adoptions in many situations. Hearings are often unnecessary, creating a streamlined process that reduces cost, delay, and uncertainty.

This legal certainty is particularly valuable for international intended parents, LGBTQ+ families, and intended parents utilizing donor-conceived embryos, where recognition of non-genetic parentage is critical.

Colorado combines one of the country's most progressive surrogacy statutes with a strong network of fertility clinics, surrogacy agencies, and assisted reproduction professionals. Because Colorado law accommodates married and unmarried intended parents, same-sex couples, single parents, domestic families, and international families alike, it has become a leading destination for assisted reproduction and gestational surrogacy.

For intended parents seeking a state with minimal legal restrictions, strong protections for all participants, enforceable surrogacy agreements, and clear pathways to parentage, Colorado is widely regarded as one of the most favorable surrogacy jurisdictions in the United States. Whether you are pursuing surrogacy with a genetic connection, donor-assisted reproduction, or donor embryos, Colorado law provides a predictable and family-centered framework for growing your family.

Ready to take the first step towards starting your family? Schedule a consultation with our team to learn more about our fertility treatments and how we can help you conceive in Colorado an throughout the United States.