Colorado’s Laws on Surrogacy and Adoption

Family planning and reproduction laws are often an immense source of stress for families in Colorado. Whether you choose to support a child in need or pursue growing your family through surrogacy, the legal process can be extensive and overwhelming, and the last thing you want to do is leave a legal loophole because you try to navigate it yourself. The Broomfield family law attorney with Danielson Westhoff is prepared to support you through the process of negotiating fair agreements that protect your interests.

Colorado Adoption Laws

Adoption is often considered a family planning option. While it can grow your family, it is often advised to ensure your goal is child-focused rather than simply a means to get what you want. According to the Colorado Department of Human Services, families may pursue private adoption or adopt a child from foster care.

The general process for both types of adoption is the same. To begin training and evaluation to become an adoptive parent, you generally must be 21 years old, able to support yourself and an additional child, and pass a background check. For a child to be legally eligible for adoption, they must be in one of two circumstances: the parents must voluntarily relinquish their parental rights or have had their parental rights terminated by the courts.

In most circumstances where the courts terminate the rights of biological parents, they may also have a legal no-contact order in place. However, if they willingly surrender rights, they may be permitted contact at the adoptive parents’ discretion. In private adoptions, the level of contact is often determined based on whether the adoption is open or closed. In an open adoption, the level of contact is still often at the adoptive parents’ discretion.

Surrogacy in Colorado

Having a child through surrogacy involves a contract with a gestational carrier. According to American Surrogacy, the gestational carrier does not use their own eggs. Doing so can negate the surrogacy contract and instill the surrogate with parental rights. However, Colorado law does allow intended parents to pay their surrogate, and a contract with the agreed payment is often the advised route. A surrogacy contract in Colorado may include the following considerations:

• Compensation, reimbursements, who handles unexpected costs, and stipends
• Who makes decisions regarding medical procedures such as pregnancy termination or cesarean delivery
• What are lifestyle expectations, including travel expectations, diet considerations, or communication preferences
• The how and when intended parents will noticed as the child’s legal guardians
• Conditions to resolve disputes or issues
• Conditions for termination of the contract

While most parties involved in a surrogacy process are well-intended, pregnancy poses significant health risks for the surrogate and emotional investment for everyone. This can muddy the waters of communication and engagement for everyone. Additionally, as a surrogate, you want to ensure you avoid unnecessary costs and risks, while intended parents want to avoid exploitation or excessive unnecessary costs.

Working with an attorney can help you draft a contract that clearly sets these expectations upfront to ensure clear communication and expectations to minimize surprises and misunderstandings.