§ 19-4.5-105. Process Requirements for a Surrogacy Agreement

1. A surrogacy agreement must be executed in compliance with the following rules:
   1. At least one party must be a resident of this state, or the birth will occur or is anticipated to occur in this state, or the assisted reproduction performed pursuant to the surrogacy agreement will occur in this state;
   2. A gestational surrogate or genetic surrogate and each intended parent must meet the requirements of section 19-4.5-104;
   3. Each intended parent, the gestational surrogate or genetic surrogate, and the surrogate’s spouse, if any, must be parties to the agreement;
   4. Each party listed in subsection (1)(c) of this section shall sign the agreement;
   5. The signature of each party to the agreement must be attested by a notarial officer;
   6. The intended parent or parents may pay for independent legal representation for the gestational surrogate or genetic surrogate; and
   7. The agreement must be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by section 19-4.5-104.

Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 412, § 1, effective May 6.