Surrogacy in Colorado: What the Surrogacy Agreement Act Actually Says

Last reviewed September 2026. General education, not legal advice — confirm with a licensed Colorado reproductive attorney.

Surrogacy is legal in Colorado and now has its own statute. Journeys happened in Colorado for years on the strength of court practice; the Colorado Surrogacy Agreement Act (passed as HB21-1022 and codified at C.R.S. Title 19, Article 4.5) replaced that uncertainty with written rules.

Who Can Be a Surrogate in Colorado

Under C.R.S. 19-4.5-104, to act as a surrogate you must:

• Be at least 21 years old.
• Have previously given birth to at least one child.
• Complete a medical evaluation related to the arrangement, by a licensed medical doctor.
• Complete a mental health consultation with a licensed mental health professional.
• Have independent legal representation of your own choosing — a Colorado-licensed attorney, advising you on the terms and the legal consequences, throughout the arrangement.

What's Required of Intended Parents

Notably, the requirements apply whether or not the intended parents are genetically related to the child. Each intended parent must be at least 21, complete a medical evaluation by a licensed doctor, and have their own independent Colorado-licensed counsel.

There is no marital-status requirement, no orientation requirement, and no medical-necessity finding to satisfy — which is what separates Colorado from states like Florida and Texas. If you're a single parent by choice or a same-sex couple, that matters enormously; see LGBTQ+ surrogacy and surrogacy for single parents.

Source: C.R.S. 19-4.5-104, 19-4.5-105 and 19-4.5-106; Colorado HB21-1022.

Timing, Signatures and the Colorado Connection

• The agreement must be executed before any medical procedure — the required medical evaluations and mental health consultations are the only exceptions.
• It must be signed by everyone: the surrogate, the surrogate's spouse if she has one, and each intended parent — with signatures attested by a notarial officer.
• At least one party must be a Colorado resident, or the birth or the assisted reproduction must be anticipated to occur in Colorado.

Get any of that wrong and you leave the statutory safe harbour: under C.R.S. 19-4.5-106 a court then determines parentage based on the parties' intent. Courts are often sympathetic — but "the court will work it out" is a far worse starting position than "the statute already did."

Questions to Ask Before You Sign in Colorado

1. Was the agreement signed and notarized before anything other than my evaluations?
2. Which party satisfies the Colorado residency or in-state birth requirement, and is that documented?
3. Who is my attorney — chosen by me, licensed in Colorado — and who is paying for them?
4. Where will my compensation be held, and who administers it? (Escrow with an independent agent, not the agency. See how escrow works.)

Colorado vs. California

Very close in substance. Both permit compensation, neither restricts who can be an intended parent. Colorado adds the residency-or-in-state-birth condition and prescribes the evaluations in statute; California has no connection requirement and the most heavily used pre-birth order process in the country. See how they all line up in our state-by-state map.

In Colorado and curious where you stand? The 2-minute quiz gives you an honest read on your own state's law, or email info@onfertilityground.com.

Thinking about carrying in Colorado? Start here: Become a surrogate in Colorado →

General education, not legal advice. Reflects C.R.S. Title 19, Article 4.5 as of September 2026. Every journey requires independent counsel for both parties and a licensed Colorado reproductive attorney for any Colorado-based agreement.