State Laws and Legislation

Colorado Surrogacy Law

Summary: There are no Colorado statutes that deal directly with the issue of surrogacy. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.

Explanation: Colorado statute § 19-4-103 states that “[t]he parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.” Additionally, statute § 19-4-106 governs parental rights with regard to children conceived through assisted reproduction; however, the statute explicitly excludes surrogacy agreements by addressing only women who seek “to conceive a child for [themselves], not as . . . surrogate[s].”

There is no explicit prohibition in Colorado on LGBT couples jointly adopting a child. Moreover, a law enacted in 2007 makes it legal for an LGBT individual to adopt a child of their same-sex partner.

Citations: COLO. REV. STAT. §§ 19-4-103, 106 (2008).

Updated: Wed, September 09, 2009 - 12:00:36