Colorado has a clear, modern surrogacy law that works for a wide range of families.
Is surrogacy legal in Colorado?
Yes. Colorado allows under a law called the Colorado Act, in effect since 2022. It doesn't restrict who can use it based on marital status, sexual orientation, or genetic connection to the baby — married couples, unmarried couples, and single are all covered.
Can a surrogate be paid?
Yes. Colorado allows a surrogate to be paid for her time, effort, and the physical demands of the pregnancy — not just for costs.
Before that happens, Colorado requires a few things:
- A written, notarized agreement signed before any medical procedures begin (other than an initial health or counseling check-up)
- The surrogate has her own independent lawyer, which intended parents can pay for
- The surrogate is at least 21, has given birth to a child of her own before, and completes a medical exam and a mental health consultation
- The surrogate keeps the right to make her own healthcare decisions, including choice of her own doctors, throughout the pregnancy
How do intended parents become the legal parents?
Colorado lets intended parents become legal parents "by operation of law" once the agreement meets the state's requirements — no adoption needed. A parentage petition can be filed before the baby is born, and the resulting court order simply takes effect at birth, so the intended parents' names can go on the original birth certificate.
One wrinkle: if it turns out the person who agreed to be the surrogate is actually genetically related to the baby, Colorado law treats that differently and may require additional steps under the state's general parentage law instead.
A few practical things to know
- Who's covered: Colorado's law doesn't restrict by marital status or sexual orientation — it's built to work for a wide range of family structures.
- Timing: the agreement has to be signed before any medical procedures begin, so plan the legal side early.
- Cost: this varies based on the agency, clinic, and surrogate's compensation. See the cost calculator guide for a fuller breakdown.
- Insurance: the surrogate's pregnancy has its own set of insurance questions, separate from the legal process above — see the Colorado insurance guide linked below.
This isn't legal advice
This page is here to help you learn the basics — it isn't legal advice. Every situation is a little different, and small details can change what applies to you.
Before signing any surrogacy agreement, talk to a lawyer who specializes in reproductive law in Colorado. A licensed attorney hasn't reviewed this specific page yet, so please treat it as a helpful starting point for your own research, not a final legal answer.