Colorado Fertility and Surrogacy Law
Trusted Legal Support for Intended Parents, Surrogates, and Donors in Colorado
Colorado is one of the most surrogacy-friendly states in the country. Its modern statutes, inclusive parentage protections, and clear legal requirements make it a predictable and secure place for intended parents, gestational carriers, and donors to grow their families.
At Fertility & Surrogacy Legal Group, APC (FSLG), our Colorado-licensed attorneys guide clients through every stage of the legal process — with clarity, precision, and proactive protection from the very beginning.
Why Colorado Is a Leader in Assisted Reproduction
Colorado’s surrogacy and Assisted Reproductive Technology (ART) laws were fully modernized in 2021 as part of the Colorado Surrogacy Agreement Act, making the state a national leader in fairness and legal clarity.
Colorado offers:
Explicit statutory recognition of gestational surrogacy
Equal access for married and unmarried intended parents
Full legal protections for gay, lesbian, transgender, and nonbinary parents
Parentage orders available for all family structures
Independent legal counsel for surrogates and intended parents
Explicit statutory recognition of gestational surrogacy
Enforceable contracts with mandatory protections
Judicial confirmation of parentage through a streamlined process
These features create a safe and predictable legal environment for all participants in the surrogacy process.
Surrogacy in Colorado: What You Can Expect
Colorado’s framework provides clear protections for every party involved in assisted reproduction.
Intended Parents
- Ability to secure legal parentage through court orders
- Equal treatment regardless of genetics, gender, marital status, or sexual orientation
A clear process for establishing parentage before or after the child’s birth
Gestational Carriers
- Mandatory independent legal counsel
- Clear contract requirements
- Defined rights regarding health decisions and compensation
Egg, Sperm & Embryo Donors
Colorado statutes ensure that donors — when proper consent procedures are followed — are not considered legal parents.
This clarity allows intended parents, surrogates, and donors to move forward with full confidence.
Who We Assist in Colorado
FSLG supports the full spectrum of individuals and professionals involved in assisted reproduction:
LGBTQ+ Family Protections in Colorado
Colorado is one of the most inclusive states for LGBTQ+ family-building. The law expressly provides:
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- Equal access to parentage regardless of gender, genetics, or marital status
- Recognition of intended parentage for gay and lesbian couples
- Clear pathways for single LGBTQ+ parents
- Options such as second-parent and stepparent adoption when appropriate
For more information, you may explore:
Frequently Asked Questions: Colorado Surrogacy Law
Is gestational surrogacy legal in Colorado?
Yes. Surrogacy is expressly permitted and governed by the Colorado Surrogacy Agreement Act (2021).
Can unmarried intended parents participate in surrogacy in Colorado?
Yes. Both married and unmarried individuals or couples can enter into a gestational surrogacy arrangement.
Are LGBTQ+ intended parents fully protected under Colorado law?
Yes. Colorado provides equal access to parentage for gay, lesbian, transgender, nonbinary, and single intended parents.
Does Colorado require independent legal counsel for the surrogate and intended parents?
Yes. This is a statutory requirement.
Are donors considered legal parents in Colorado?
No. When statutory consent rules are followed, donors are not legal parents.
Does Colorado allow pre-birth parentage orders?
Yes. Courts regularly issue pre-birth parentage orders when statutory conditions are met.
Legal Summary: Colorado Surrogacy & Parentage Law
Since 2012, FSLG has been the first call for intended parents seeking confidence, clarity, and compassion.
Statutes
- Colorado Surrogacy Agreement Act (2021) — governs gestational surrogacy, contract requirements, and legal protections
- Colorado Uniform Parentage Act — governs parentage orders and ART-related parentage
- Donor protections included within the Uniform Parentage Act provisions
Parentage Orders
- Pre-birth and post-birth orders available
- No genetic link required
- Accessible to married, unmarried, LGBTQ+, and single intended parents
Contract Requirements
- Mandatory independent legal counsel
- Consent and medical decision-making provisions
- Compensation and expense reimbursement terms
Start Your Colorado Journey with Confidence
If Colorado is part of your surrogacy or donor-conception plan, our attorneys are ready to help you build a clear and secure legal path.
📞 Call: 619-309-2310 or complete our consultation form to begin.