Hatch Fertility Blog | Egg Donation & Surrogacy Agency

Colorado Surrogacy Laws 2025

Written by Hatch Fertility | Nov 29, 2025 11:57:39 AM

Understanding surrogacy laws in Colorado

Choosing surrogacy is a profound and personal decision—one that deserves clarity, compassion, and unwavering support. Colorado surrogacy laws have evolved to offer Intended Parents and Surrogates a safe, transparent, and inclusive legal framework. Whether you’re dreaming of growing your family or considering becoming a Surrogate, you can feel confident knowing that Colorado’s laws are designed to protect your rights and honor your journey.

As of 2025, Colorado stands out as a welcoming state for surrogacy. The Colorado Surrogacy Agreement Act (C.R.S. § 19-4.5-101 et seq.) provides clear legal recognition for both gestational and traditional surrogacy arrangements. This means that all parties—Intended Parents, Surrogates, and children—are supported by comprehensive legal safeguards from the very beginning.

Colorado’s approach is rooted in respect, transparency, and fairness. The law ensures that every surrogacy agreement is enforceable, that parentage is established before birth, and that everyone involved is protected. For families of all backgrounds—including LGBTQ+ parents and single individuals—Colorado surrogacy laws offer a path forward that is both secure and inclusive.

Types of surrogacy recognized in Colorado

Colorado recognizes two primary forms of surrogacy, each with its own legal considerations and protections:

Gestational surrogacy

Gestational surrogacy is the most common arrangement in Colorado. In this process, the Surrogate (also called a gestational carrier) is not genetically related to the child. Instead, an embryo created using the Intended Parents’ or donors’ egg and sperm is transferred to the Surrogate’s uterus. Colorado law fully supports gestational surrogacy, ensuring that Intended Parents are recognized as the legal parents from the outset.

Traditional surrogacy

Traditional surrogacy, where the Surrogate’s own egg is used, is also recognized under Colorado law. However, because the Surrogate is genetically related to the child, additional legal steps are required to establish parentage. The law provides clear procedures to ensure that the Intended Parents’ rights are protected and that the Surrogate’s consent is fully informed and respected.

Altruistic and compensated surrogacy

Colorado allows both altruistic (unpaid) and compensated surrogacy arrangements. This means Surrogates can be reimbursed for reasonable expenses and may also receive additional compensation, as long as all terms are clearly outlined in a written agreement. The law’s flexibility ensures that every surrogacy journey—whether motivated by generosity, financial support, or both—is treated with fairness and dignity.

These legal recognitions are in place to ensure that every surrogacy arrangement in Colorado is safe, transparent, and respectful of everyone’s rights and intentions.

Who can become a Surrogate or Intended Parent

Colorado surrogacy laws are intentionally inclusive, welcoming individuals and couples from diverse backgrounds. The law sets clear eligibility criteria to ensure the safety and well-being of all parties.

Intended Parents

  • Marital status: Both married and unmarried individuals or couples can pursue surrogacy in Colorado.
  • Sexual orientation: LGBTQ+ individuals and couples are fully recognized and protected under the law.
  • Residency: There is no requirement for Intended Parents to be Colorado residents, making the state a popular choice for families nationwide and internationally.

Surrogates

To become a Surrogate in Colorado, you must meet certain requirements designed to protect your health and ensure a positive experience:

  • Age: Surrogates must be at least 21 years old.
  • Medical history: A history of at least one successful pregnancy and delivery is required.
  • Health screening: Comprehensive medical and psychological evaluations are mandatory.
  • Informed consent: Surrogates must receive independent legal counsel to ensure they fully understand their rights and responsibilities.
  • No genetic link (for gestational surrogacy): In gestational arrangements, the Surrogate cannot use her own egg.

These criteria are in place to safeguard the physical and emotional well-being of Surrogates, Intended Parents, and the child. At every step, Colorado’s laws prioritize respect, safety, and informed choice.

Legal requirements for surrogacy agreements

A strong, clear surrogacy agreement is the foundation of every successful journey. Colorado surrogacy laws set out specific legal requirements to ensure that every agreement is enforceable and that all parties are protected.

Key elements of a valid surrogacy agreement

  • Written contract: All surrogacy arrangements must be documented in a written agreement, signed before any medical procedures begin.
  • Independent legal counsel: Both the Surrogate and the Intended Parents must have their own attorneys, ensuring that everyone’s interests are represented and protected.
  • Detailed terms: The agreement must outline compensation, medical and psychological screening, parental rights, responsibilities during pregnancy, and plans for the child’s care.
  • Informed consent: All parties must enter the agreement voluntarily, with full understanding of their rights and obligations.
  • Parentage orders: Colorado courts allow for pre-birth parentage orders, meaning Intended Parents are recognized as the legal parents from the moment of birth.

Why these requirements matter

These legal safeguards are designed to prevent misunderstandings, protect everyone’s rights, and provide peace of mind throughout the surrogacy process. By requiring independent legal representation and detailed contracts, Colorado ensures that every surrogacy journey is built on trust, transparency, and mutual respect.

If you’re considering surrogacy in Colorado, partnering with experienced professionals—your agency, attorney, and medical team—will help you navigate these requirements with confidence and care.

Begin your surrogacy journey in Colorado with confidence

Your surrogacy journey deserves a partner who values your safety, respects your dreams, and guides you with unwavering expertise. At Hatch, we are committed to supporting Intended Parents and Surrogates every step of the way—ensuring your experience is safe, transparent, and deeply respectful of your hopes and needs.

Ready to take the next step? Trust Hatch to provide the legal clarity, emotional support, and personalized care you deserve. Begin your surrogacy journey in Colorado with confidence—because your family’s future is worth it.

Frequently Asked Questions

  • Are surrogacy agreements legally enforceable under Colorado surrogacy laws?
    Yes, Colorado surrogacy laws make written surrogacy agreements legally enforceable, provided all legal requirements are met.
  • Can LGBTQ+ Intended Parents pursue surrogacy in Colorado?
    Absolutely. Surrogacy laws in Colorado are inclusive and fully support LGBTQ+ individuals and couples.
  • Do Intended Parents need to live in Colorado to use its surrogacy laws?
    No, there is no residency requirement. Intended Parents from any state or country can pursue surrogacy in Colorado.
  • What protections exist for Surrogates under Colorado surrogacy laws?
    Surrogates are protected by requirements for independent legal counsel, comprehensive health screenings, and clear, enforceable contracts.
  • Is compensation allowed for Surrogates in Colorado?
    Yes, both altruistic and compensated surrogacy are legal, as long as all terms are clearly outlined in the agreement.
  • How is parentage established in Colorado surrogacy cases?
    Colorado courts allow for pre-birth parentage orders, ensuring Intended Parents are recognized as the legal parents from birth.