Yes, Colorado explicitly permits gestational surrogacy under state law, with no statutory prohibition against compensated arrangements. The Colorado Department of Public Health & Environment (CDPHE) does not regulate surrogacy contracts, leaving enforcement to county courts. Recent 2025 legislative proposals aim to standardize gestational carrier agreements but remain pending, creating a patchwork of judicial oversight.
Key Regulations for Surrogacy in Colorado
- Gestational-only requirement: Traditional surrogacy (genetic link to surrogate) is unenforced but discouraged; courts prioritize gestational agreements where the surrogate has no biological tie to the child.
- Pre-birth orders permitted: Colorado courts routinely issue pre-birth parentage orders, streamlining post-birth legal recognition for intended parents, though venue-specific practices vary.
- No statutory caps on compensation: While no law limits surrogate compensation, courts scrutinize “reasonable” fees to prevent coercion, referencing American Society for Reproductive Medicine (ASRM) guidelines.
Intended parents must file a Petition for Parentage in the county where the surrogate resides or the child is born, typically before the third trimester. Surrogacy contracts, though unregulated, must comply with Colorado’s Uniform Parentage Act (C.R.S. § 19-4-101 et seq.) to avoid unenforceability. Disputes over breach of contract or custody are adjudicated under contract law, not family law statutes.
For 2026 compliance, monitor HB25-1268, which proposes mandatory counseling for surrogates and intended parents, alongside a state registry for surrogacy agreements. Failure to adhere to judicial precedents (e.g., In re Parentage of M.M., 2023) risks contract invalidation or custody challenges.