FAQs
Frequently asked questions about assisted reproductive technology law in Colorado
Still have questions? Reach out to us today.
Is surrogacy legal in Colorado?
Yes. The Colorado Surrogacy Agreement Act recognizes and enforces surrogacy agreements that meet its requirements. When an agreement complies with the law, the intended parents are the legal parents of the child at birth, and the surrogate and the surrogate's spouse, if any, are not.
Does the surrogate need her own attorney?
Yes. Colorado requires the surrogate and the intended parents to be represented by separate, independent attorneys. Intended parents may pay for the surrogate's legal fees, but her attorney represents only her interests.
Is a sperm, egg, or embryo donor a legal parent?
Generally, no. Under Colorado law, a donor is not a parent of a child conceived through assisted reproduction. Even so, a written donor agreement is strongly recommended, particularly with a known donor, to document everyone's intentions and expectations about future contact.
We used ART to build our family. Do we still need an adoption?
It depends on your circumstances. Many families, especially those with a non-biological parent or who may move or travel to other states, choose an adoption or court judgment of parentage for added certainty. We can review your situation and recommend the right approach.
When should we contact an attorney?
As early as possible, and before any medical procedures begin. Surrogacy agreements must be signed before embryo transfer, and donor agreements work best when they are in place before conception.


