Surrogacy and Donor Agreement

 

The Colorado Surrogacy Agreement Act, enacted in 2021, governs surrogacy and assisted reproduction agreements in Colorado. This law establishes clear legal requirements designed to protect intended parents, surrogates, and donors while providing certainty regarding parentage and financial responsibility.

Our law firm assists clients with navigating the legal, emotional, and procedural complexities of surrogacy and assisted reproduction. Whether you are planning to grow your family or assist someone else in doing so, experienced legal guidance is essential.

 

Types of Surrogacy & Assisted Reproduction Agreements in Colorado

Gestational Surrogacy Agreements are used when a gestational surrogate agrees to carry a pregnancy using genetic material from the intended parent(s) or a third party. The surrogate does not contribute their own genetic material. This is the most common form of surrogacy arrangement in Colorado and requires careful legal drafting to ensure compliance with state law.

Genetic Surrogacy Agreement applies when a surrogate uses their own genetic material in addition to genetic material from a male intended parent or donor. Because genetic surrogacy presents heightened legal considerations, having a properly drafted agreement is critical to protecting parental rights and managing expectations.

Donor Agreements are used when an individual donates sperm or eggs and does not intend to become pregnant or establish parental rights. Although Colorado law allows donor agreements to be executed before or after the donation occurs, best practice strongly recommends finalizing the agreement before donation to avoid future disputes.

Under Colorado law, a surrogacy agreement must be fully executed before any medical procedure related to surrogacy, other than required medical or mental health evaluations.

Every valid surrogacy agreement must include provisions confirming that:

  • The intended parent(s), not the surrogate, are the exclusive legal parent(s) of the child at birth
  • The intended parent(s) are financially responsible for the child at birth
  • Parenting Time and Decision-Making
  • The surrogate retains control over all health and welfare decisions related to themselves and the pregnancy
  • The agreement clearly outlines the conditions and process for termination

While these four provisions are required by statute, most surrogacy arrangements benefit from additional terms tailored to the specific needs of the intended parent(s), surrogate, and donor. If a surrogacy agreement does not meet Colorado’s statutory requirements, a court may be required to determine parentage based on the parties’ intent.

The surrogacy process can be emotionally rewarding—but it is also legally complex. Colorado law requires that all parties to a surrogacy arrangement be represented by independent legal counsel licensed to practice law in Colorado.

Our firm represents:

  • Intended parents building their families through surrogacy
  • Gestational and genetic surrogates
  • Egg and sperm donors

We work closely with fertility clinics, mental health professionals, and medical providers to ensure your agreement is legally sound, enforceable, and aligned with your goals.

If you are considering surrogacy or assisted reproduction, speaking with our knowledgeable attorneys who are experienced in addressing the Colorado Surrogacy Act and preparing Surrogacy Agreements and Donor Agreements early in the process can provide peace of mind. We at Cline Caldwell, LLP invite you to schedule a confidential consultation to discuss your options, your rights, and the next steps in your surrogacy journey.