Colorado offers some of the strongest legal protections for LGBT intended parents pursuing surrogacy in the United States.
Under the Colorado Surrogacy Agreement Act, both married and unmarried same-sex couples can obtain pre-birth orders, ensuring their parental rights are legally established before their baby arrives. With these comprehensive protections in place, LGBT couples can focus on building their families rather than navigating complex legal hurdles.
Schedule a consultation today to discover how Colorado’s progressive LGBT surrogacy laws could transform your path to parenthood.
This guide covers everything you need to know about LGBT surrogacy laws in Colorado, from pre-birth orders and birth certificate procedures to finding the right legal representation for your journey.
LGBT Surrogacy Laws in Colorado and Establishing Parentage: Will We Get a Pre-Birth Order?
You’re in excellent hands in Colorado. Both married and unmarried same-sex couples can receive pre-birth orders in Colorado, ensuring that both parents are legally recognized before the child is born.
Colorado allows pre-birth parentage orders for all intended parents – married same-sex couples using an egg donor or sperm donor, and unmarried same-sex couples using an egg donor or sperm donor.
This applies whether you’re using donor gametes or have a genetic connection to your child.
Pre-birth orders in Colorado provide immediate legal recognition upon birth, vesting intended parents with all parental rights immediately upon birth and directing hospital discharge directly to you as the legal parents.
Can the Non-Genetic Parent in a Gay Couple Be Declared a Legal Parent in Colorado?
Absolutely – genetic connection isn’t required for legal parentage in Colorado. Colorado law is clear that an intended parent is not required to be genetically related to the child to receive recognition under that statute as a parent.
For male same-sex couples, this is particularly important since only one partner can provide sperm.
Same-sex parents can obtain post-birth parentage orders, and both fathers can be listed on the birth certificate with no mention of the Gestational Carrier.
What If We’re Not Married – Can We Both Be Legal Parents?
Marriage isn’t required for legal parentage in Colorado.
Intended Parents do not have to be married in Colorado, and both married and unmarried LGBTQ+ couples can receive pre-birth orders.
I’m a Single Parent – Can I Still Be Declared the Legal Parent in Colorado?
Single intended parents have excellent options in Colorado.
Colorado is friendly to single intended parents, and pre-birth parentage orders are frequently issued regardless of whether the intended parent is single or in a couple. No genetic connection is required if using donor gametes.
How Will Our Names Appear on the Birth Certificate in Colorado?
Colorado offers flexible and inclusive birth certificate options for LGBT parents.
Same-sex parents are named on the final birth certificate as Mother and Mother, Father and Father, Parent and Parent, or Mother and Parent.
This can be written as “Mother” and “Mother,” “Father” and “Father,” “Parent” and “Parent” or “Mother” and “Parent”.
How Long Will It Take to Get the Birth Certificate?
The typical time frame to obtain a birth certificate after delivery is several days, if all goes smoothly.
Find out exactly what documents you’ll need to ensure the fastest birth certificate processing with experienced legal guidance.
Do We Need a Second Parent Adoption After Surrogacy in Colorado?
In most cases, no – Colorado’s pre-birth orders eliminate the need for additional adoptions.
Adoptions after birth are usually unnecessary in gestational surrogacy cases due to the high availability of pre-birth orders. However, second parent adoption remains available for additional security if desired.
How Surrogacy Contracts Protect LGBT Parents in Colorado
A comprehensive surrogacy contract serves as your legal foundation throughout the entire process. Well-drafted contracts address the unique considerations LGBT intended parents face and ensure your rights are protected at every stage.
Colorado has surrogacy statutes under the Colorado Surrogacy Agreement Act, which provides the legal framework for enforceable contracts.
Colorado law requires that surrogates have independent legal representation, and LGBT intended parents should also secure experienced legal counsel.
Why Work With a Surrogacy Agency If You’re an LGBT Couple in Colorado
Even in surrogacy-friendly Colorado, professional agency support can make the difference between a smooth journey and a challenging one.
Experienced agencies bring specialized knowledge of LGBT surrogacy laws, established legal networks, and proven processes that protect your interests.
Colorado has one of the most surrogacy-friendly judicial systems in the country, with Colorado courts routinely granting intended parents pre-birth parentage orders (PBOs) before the baby is delivered. Agencies help you take full advantage of these favorable laws.
Finding an LGBT-Friendly Surrogacy Attorney in Colorado
Choosing the right legal representation can make or break your surrogacy experience.
Colorado offers several experienced attorneys who specialize in LGBT surrogacy laws and understand the unique legal considerations same-sex couples face.
- Judith A. Hoechst (Littleton): Hoechst provides reproductive legal services for every part of the family formation & surrogacy process, including pre and post birth parentage orders, birth certificates, reproductive clinic referrals and agency agreement reviewers for intended parents.
- Emily McArthur (Evergreen): Specializing in ART, McArthur can help you with surrogacy agreement, pre and post birth orders and egg and sperm donation agreements.
- Nicole Patterick (Denver): Patterick’s expertise revolves around the evolving laws and requirements of third-party reproducation using assisted reproductive technology (“ART”)..
How to Get Started With LGBT Surrogacy in Colorado
Your path to parenthood through Colorado surrogacy begins with connecting with experienced professionals who understand LGBT family building. The state’s progressive laws create an excellent foundation, but professional guidance ensures you navigate the process efficiently and securely.
Colorado’s comprehensive LGBT surrogacy protections mean you can pursue parenthood with confidence, knowing your rights are protected by progressive state law and experienced professionals.
Imagine holding your baby, knowing every legal detail was handled perfectly from the very beginning. Start your Colorado surrogacy journey today with professionals who understand exactly what LGBT intended parents need to build their families successfully.
Colorado’s LGBT surrogacy laws provide some of the strongest protections available anywhere in the United States. With proper professional guidance, same-sex couples can navigate the surrogacy process with confidence, knowing their parental rights are secured by progressive state law and experienced legal representation.