§ 19-4.5-101. Short Title

The short title of this article 4.5 is the “Colorado Surrogacy Agreement Act”. Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 409, § 1, effective May 6.

§ 19-4.5-102. Legislative Declaration

The general assembly finds and declares that surrogacy agreements executed pursuant to this article 4.5 are in accord with the public policy of this state. The general assembly further finds and declares that the purpose of this article 4.5 is to: Establish consistent standards and procedural safeguards to promote the best interests of the children […]

§ 19-4.5-103. Definitions

As used in this article 4.5, unless the context otherwise requires: “Assisted reproduction” means a method of causing pregnancy through means other than by sexual intercourse. In the foregoing context, the term includes, but is not limited to: Intrauterine or intracervical insemination; Donation of eggs or sperm; Donation of embryos; In vitro fertilization and embryo […]

§ 19-4.5-104. Eligibility Requirements

To execute an agreement to act as a gestational surrogate or genetic surrogate, an individual must: Be at least twenty-one years of age; Previously have given birth to at least one child; Complete a medical evaluation related to the surrogacy arrangement by a licensed medical doctor; Complete a mental health consultation by a licensed mental […]

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

A surrogacy agreement must be executed in compliance with the following rules: 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; A gestational surrogate or […]

§ 19-4.5-106. Required Contents of Surrogacy Agreement

A surrogacy agreement must comply with the following requirements: A gestational surrogate or genetic surrogate agrees to attempt to become pregnant by means of assisted reproduction; Except as otherwise provided in section 19-4.5-111, the gestational surrogate or genetic surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a […]

§ 19-4.5-107. Effect of Subsequent Change of Marital Status

Unless a surrogacy agreement expressly provides otherwise: The marriage of a gestational surrogate or genetic surrogate after the agreement is signed by all parties does not affect the validity of the agreement, their spouse’s consent to the agreement is not required, and their spouse is not a presumed parent of a child conceived by assisted […]

§ 19-4.5-108. Termination of Surrogacy Agreement

A party to a surrogacy agreement may terminate the agreement, at any time before a gamete or an embryo transfer, by giving notice of termination in a record to all other parties. If a gamete or an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before […]

§ 19-4.5-109. Establishment of Parent-Child Relationship Under Surrogacy Agreement

Except as otherwise provided in subsection (3) of this section or section 19-4.5-110 (2) or 19-4.5-112, on birth of a child conceived by assisted reproduction under a surrogacy agreement, each intended parent is, by operation of law, a parent of the child. Except as otherwise provided in subsection (3) of this section or section 19-4.5-112, […]

§ 19-4.5-110. Parentage of Deceased Intended Parent Under Surrogacy Agreement

Section 19-4.5-109 applies to an intended parent even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. Except as otherwise provided in section 19-4.5-112, an intended parent is not a parent of a child conceived by assisted reproduction under a surrogacy agreement […]

§ 19-4.5-111. Court Order of Parentage Under Surrogacy Agreement

Except as otherwise provided in section 19-4.5-110 (2) or 19-4.5-112, before, on, or after the birth of a child conceived by assisted reproduction pursuant to a surrogacy agreement, a party to the agreement may commence a proceeding in a juvenile court in this state by filing a petition for determination of parent-child relationship with admissions […]

§ 19-4.5-112. Effect of Surrogacy Agreement

A surrogacy agreement that complies with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106 is enforceable. If a child was conceived by assisted reproduction under a surrogacy agreement that does not comply with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the […]

§ 19-4.5-113. Duty to Support

The establishment of the parent and child relationship pursuant to a valid surrogacy agreement, court order of parentage, and this article 4.5 is the basis upon which an action for child support may be brought against the intended parent and acted upon by the court or the delegate child support enforcement unit without further evidentiary […]

§ 19-4.5-114. Certain Provisions of Law Not Applicable to Surrogacy Agreements

A surrogacy agreement is not considered: An adoption pursuant to article 5 of this title 19; or A surrender of custody or termination of parental rights of the child by the donor in violation of the requirements of article 3 of this title 19. The payment of reasonable expenses and support in connection with a […]