Is surrogacy legal in Colorado?
Reviewed by counsel [name], [date]. Every statement about Colorado law on this page is pending review by Colorado counsel, and no statute section numbers are cited until counsel signs off.
Yes. Compensated gestational surrogacy is legal in Colorado under the Colorado Surrogacy Agreement Act, in force since 2021. When an agreement meets the Act's requirements, Colorado courts issue pre-birth parentage orders to intended parents regardless of marital status, sexual orientation or genetic connection.
That sets Colorado apart from states with no surrogacy statute. In states without a statute, the route depends on the county and on your family's genetics. In Colorado, the route is written into law, and the same conditions apply in every county. Your work is to meet those conditions, in order, before any medication starts.
Jan Telman Berman, Global Surrogacy Coordinator at Private Label Surrogacy, wrote this page. She has more than 18 years in the field and a women's health clinic background, and she manages national and international cycles. This is not legal advice. Your Colorado reproductive attorney advises you, and the surrogate's own attorney advises her.
| Colorado at a glance | |
|---|---|
| Legal basis | Colorado Surrogacy Agreement Act, in force since 2021 |
| Status | Legal by statute since 2021; pre-birth orders for all intended parents |
| Parentage method | Pre-birth parentage order under the Act |
| Who can be an intended parent | Any marital status, sexual orientation or genetic connection, when the Act's requirements are met |
| Surrogate requirements | At least 21, has given birth before, completed medical and mental-health evaluations, independent counsel; PLS also requires age 21 to 43, BMI under 33 and full PLS screening |
| Compensation permitted | Yes |
| PLS recruits here | Yes |
What law governs surrogacy in Colorado?
The Colorado Surrogacy Agreement Act governs. It has been in force since 2021, and it sets requirements for the surrogate, for legal representation and for the timing of the agreement.
Under the Act, as summarized for this page:
- The surrogate must be at least 21 years old.
- The surrogate must have given birth before.
- The surrogate must complete a medical evaluation and a mental-health evaluation.
- The intended parents and the surrogate must each have independent legal counsel.
- The agreement must be signed before medications begin.
Confirm the current statutory requirements, including any residency, insurance or content rules for the agreement, with Colorado counsel before signing.
Here is how the PLS process lines up with each requirement:
| Requirement | Where it happens in a PLS journey |
|---|---|
| Surrogate at least 21 | PLS accepts surrogates aged 21 to 43 |
| Has given birth before | PLS requires at least one healthy full-term pregnancy and a child she is raising now |
| Medical evaluation | Records review by Mark Silverberg, DDS, MD, then medical screening at your clinic |
| Mental-health evaluation | Psychological evaluation by an independent licensed professional |
| Independent counsel for each side | PLS employs no attorneys; each side retains its own, and you pay for hers |
| Signed before medications | Escrow is funded and the agreement signed before her medication start |
PLS arranges gestational surrogacy only. The surrogate carries an embryo created by IVF and has no genetic link to the baby.
How is parentage established in Colorado: pre-birth or post-birth?
Pre-birth. When the agreement meets the Act's requirements, a Colorado court issues a parentage order before the birth naming the intended parents as the legal parents.
In practice, the order is in hand before labor begins. The hospital knows who the parents are, the intended parents make decisions for the baby from birth, and the birth certificate follows the order. There is no post-birth gap to plan around.
Because the order depends on the agreement meeting the Act, a missed step can matter. An agreement signed after medications start, or a party without independent counsel, may not qualify for the statutory order. That is the main reason PLS does not let anything medical begin until both sides have signed with their own attorneys. For how pre-birth and post-birth orders compare, see pre-birth vs post-birth parentage orders.
Who can be an intended parent in Colorado?
Under the Act, intended parents of any marital status, sexual orientation or genetic connection can receive a pre-birth parentage order when the requirements are met.
That covers, for example:
- Married and unmarried couples
- Single intended parents
- Same-sex couples
- Parents using donor eggs, donor sperm or donated embryos
PLS treats every one of these families the same way. In Colorado, the statutory route is the same for each of them too. A Colorado attorney still confirms the details for your family before you match, including whether anything about your residence affects the filing.
If you live abroad and neither parent is a US citizen, ask counsel about the federal executive order of August 6, 2026 on citizenship for children born through compensated surrogacy, which is under litigation. Status as of [date], reviewed by counsel [name].
Who can be a surrogate in Colorado?
Colorado law requires that the surrogate be at least 21, have given birth before, and complete medical and mental-health evaluations, with her own independent attorney. PLS's criteria go further. A Colorado surrogate applying with PLS must be:
- 21 to 43 years old
- A US citizen or permanent resident
- At a BMI under 33
- Someone with at least one healthy full-term pregnancy who is raising a child now
- A non-smoker
- Not receiving government assistance
- Living in a stable home
- Not currently taking antidepressants
Screening has seven steps: application, interview, records review, background check, insurance review, independent psychological evaluation, and medical screening at your clinic. Dr. Silverberg, an anesthesiologist with more than 30 years of practice, reads every candidate's prenatal and delivery records himself and writes a physician medical summary for your clinic. The agency agreement defines this as review by a board-certified physician.
How does PLS work with Colorado surrogates and parents?
PLS recruits Colorado surrogates and matches them with intended parents across the US and abroad. Nancy Block, RN, founded PLS in 2017 after 17 years as an OB/GYN and fertility nurse at Northwestern Memorial Hospital. She runs matching herself.
A Colorado surrogate monitors at a clinic in Denver or Colorado Springs and travels to your clinic for screening and the transfer. You cover that travel through escrow. Her case manager is Natalie Gaudio-Fricano or Jenni Symons, both of whom have been surrogates. Julie Bendix, MPH, RD, LD, CLC, a registered dietitian and lactation counselor, holds at least six nutrition consults with her.
The sequence in Colorado:
- Signing with PLS after a consultation.
- Matching, about 9 months from signing to introduction today, with a target of 6 or fewer.
- Legal and medical foundations, 1 to 2 months. Both attorneys complete the agreement to the Act's standard, and it is signed before medications. You fund escrow.
- Medical cycle, 2 to 3 months, ending in the transfer. Pregnancy test 9 to 11 days later.
- Pre-birth order and delivery. Your attorney files for the parentage order during the pregnancy.
Most journeys run 18 to 24 months. PLS does not employ attorneys or psychologists. In Colorado, that independence is also what the statute requires.
What does a Colorado journey cost and how is money held?
A Colorado journey costs what any PLS journey costs. Intended parents typically spend $150,000 to $200,000 in total.
- PLS program fee. Program fee: confirm current schedule. The current fee is $35,000; a proposed $42,000 applies to new agreements.
- Surrogate compensation. A typical total package of roughly $68,000 to $78,000, built on $60,000 first-time base compensation (proposed), or $65,000 to $70,000 for an experienced surrogate. Details on surrogate compensation in Colorado.
- Third-party costs, $15,300 to $29,000: both attorneys, escrow, psychological evaluation, background check, insurance review, travel and monitoring. The pre-birth order filing is part of the legal work; ask Colorado counsel for the fee.
- Surrogate health insurance, $5,000 to $40,000, only if her plan excludes surrogacy.
- IVF and clinic fees, paid to your clinic.
An independent licensed escrow agent holds the surrogate's funds. PLS never does. You fund $10,000 at match and the balance before medications begin, and you may pick the escrow company. The Surro Connections agency collapse in late 2025, followed by a federal indictment in August 2026, and the SEAM escrow failure of more than $16 million show why. PLS has used independent licensed escrow since 2017.
See the cost of surrogacy for the full budget and surrogacy laws by state to compare Colorado with other states.
Sources
- Colorado Surrogacy Agreement Act (in force 2021), Colorado General Assembly. Pending review by Colorado counsel.