Surrogacy in Colorado: The Complete 2026 Guide

Colorado is one of the most straightforward states in the country for surrogacy — and, as of our July 2026 review, one of the few with a modern, comprehensive statute written specifically for it. Since May 6, 2021, compensated surrogacy has been expressly authorized by the Colorado Surrogacy Agreement Act (C.R.S. §§ 19-4.5-101 to -114), which means contracts here follow written law rather than court practice alone.

That matters more than it sounds. For years Colorado was considered surrogacy-friendly only by practice — favorable district-court habits, but no statute you could point to. The 2021 Act replaced that uncertainty with a detailed framework: compensated surrogacy is lawful, agreements are enforceable, and Colorado courts can issue a pre-birth parentage order statewide, naming the intended parents on the birth certificate. Many guides written before 2021 still describe Colorado as friendly "by case law" and never cite the statute at all.

A few features make Colorado stand out:

• Statewide pre-birth parentage orders authorized by statute, placing each intended parent on the birth certificate.
• Open to every family — single, married, unmarried, and same-sex intended parents qualify on the face of the statute, whether or not genetically related to the child.
• No residency wall. You do not have to live in Colorado; a single connection to the state (a resident party, a Colorado birth, or Colorado fertility treatment) is enough.
• A deep clinic and attorney network, anchored by CCRM Fertility's flagship lab in Lone Tree.

Colorado is also unusual in that its statute expressly covers both gestational and traditional (genetic) surrogacy — more on that below. This guide walks both sides of the journey: what Colorado offers intended parents, including international families and families from China, and what it looks like to become a surrogate here.

Surrogacy in Colorado is governed by statute — the Colorado Surrogacy Agreement Act (CSAA), codified at C.R.S. §§ 19-4.5-101 to -114. It was enacted as House Bill 21-1022, signed by Governor Polis, and — because the bill carries a legislative "safety clause" — took effect immediately on May 6, 2021 (not January 1, 2022, as some secondary summaries state). One minor definitional amendment (SB 22-212) took effect August 10, 2022; the substance below is unchanged as of our July 2026 review.

The Act sits in Title 19 (Children's Code) as a standalone Article 4.5, immediately after Colorado's older Uniform Parentage Act (Article 4). That placement is why a keyword-only search of the parentage act alone would miss it — the surrogacy framework lives in its own article.

What the statute establishes

• Compensated surrogacy is expressly lawful. A surrogacy agreement "may provide for payment of compensation, support, and reasonable expenses" (§ 19-4.5-106(2)(a)). Under § 19-4.5-114, a valid surrogacy agreement is not an adoption, and paying the surrogate's reasonable expenses and support does not violate § 19-5-213 (the statute restricting payments connected to relinquishment and adoption). There is no statutory cap on the amount, though the agreement must disclose how the intended parents will cover expenses.
• Compliant agreements are enforceable (§ 19-4.5-112(1)) — provided they meet the eligibility, process, and content requirements in §§ 104–106.
• Parentage vests by operation of law at birth. Under a compliant agreement, "on birth of a child... each intended parent is, by operation of law, a parent of the child" (§ 19-4.5-109(1)), and the surrogate and her spouse are not parents (§ 19-4.5-109(2)). A donor is never a parent (§ 19-4.5-109(5)).

Pre-birth orders: authorized statewide by statute

Colorado is a pre-birth-order state. A party may petition a Colorado juvenile court "before, on, or after the birth of a child" for a parentage order (§ 19-4.5-111(1)). The court "may issue an order or judgment... before the birth of the child" and "shall stay enforcement of the order or judgment until the birth of the child" (§ 19-4.5-111(2)). That order declares each intended parent a parent, declares the surrogate and her spouse not parents, and directs the Colorado Department of Public Health and Environment (CDPHE) to name the intended parents on the birth record. The court record can be sealed for privacy (§ 19-4.5-111(1)(d)), and the State/CDPHE is not a necessary party (§ 19-4.5-111(3)). Post-birth orders are equally available, and an out-of-state parentage order must be registered with a Colorado court to be valid here (§ 19-4.5-111(5)).

Eligibility and formation, in the law itself

Unlike many states, Colorado writes core eligibility into the statute (§ 19-4.5-104):

• Intended parents: each must be at least 21, complete a medical evaluation by a licensed physician, and have independent legal representation by a Colorado-licensed attorney — whether or not genetically related to the child. An intended parent is defined as "an individual, married or unmarried," so single, unmarried, and same-sex intended parents qualify.
• Surrogates: must be at least 21, have previously given birth to at least one child, complete a medical evaluation and a mental-health consultation, and have independent Colorado-licensed counsel throughout.
• Formation (§ 19-4.5-105): the agreement must be signed and notarized before any medical procedure other than the required evaluations, and at least one of three connections must exist — a party who is a Colorado resident, a birth anticipated in Colorado, or fertility treatment performed in Colorado. Intended parents may (but need not) pay for the surrogate's independent attorney.

Surrogate autonomy is protected on paper

The Act guarantees the surrogate "the right to make all health and welfare decisions regarding themselves and the pregnancy" (§ 19-4.5-106(1)(g)), and courts cannot order specific performance to compel a surrogate to be impregnated, to terminate or continue a pregnancy, or to submit to medical procedures (§ 19-4.5-112(4)). Any party may terminate the agreement by written notice to the other parties before a gamete or embryo transfer; except in cases of fraud, no penalty or liquidated damages may be imposed, though expenses reimbursable under the agreement and incurred through the termination date remain payable (§ 19-4.5-108).

Gestational and traditional surrogacy

Colorado's statute regulates both a "gestational surrogate" (carries using gametes not her own) and a "genetic surrogate" (traditional surrogacy, using her own gametes) under the same framework — an uncommon feature. Traditional surrogacy is genuinely permitted and compensable here, but it carries added legal and emotional complexity, and most agencies (Ivy included) work exclusively in gestational surrogacy.

This overview is general information, not legal advice. Colorado surrogacy agreements must always be drafted and reviewed by a Colorado-licensed attorney — the statute requires it.

Colorado is an inclusive state for intended parents: the statute is written to include families that some other states exclude.

• Are you eligible? Colorado's statute is broadly inclusive, but eligibility still depends on the statutory requirements, a medical evaluation, clinic policies, and the facts of your individual journey. The Act covers intended parents whether "married or unmarried" (§ 19-4.5-103), "whether or not genetically related to the child" (§ 19-4.5-104(2)). Single parents, unmarried couples, and same-sex couples all qualify on the face of the statute. Each intended parent must be at least 21, complete a medical evaluation, and retain an independent Colorado-licensed attorney.
• Do you have to live in Colorado? No. The statute requires only one of three connections: a party who is a Colorado resident, a birth anticipated in Colorado, or fertility treatment performed in Colorado (§ 19-4.5-105(1)(a)). Out-of-state and international intended parents routinely access Colorado's courts by matching with a Colorado surrogate, treating at a Colorado clinic, or delivering in the state.
• International intended parents, including families from China. Colorado does not require intended parents to reside in the state; the agreement must simply have at least one statutory Colorado connection — a Colorado-resident party, an anticipated Colorado birth, or assisted reproduction performed in Colorado (§ 19-4.5-105). The statute does not require intended parents to be genetically related to the child (§ 19-4.5-104(2)). Court records can be sealed for privacy. International parents should also engage counsel in their home country on citizenship and immigration for the child, and — because any out-of-state order must be registered here — should let a Colorado attorney coordinate the parentage filing.

What you get in return is a clear statutory framework: enforceable agreements, a pre-birth order that places each intended parent on the birth certificate, and an established network of clinics and attorneys. The honest trade-offs: Colorado's total costs are in line with the national market rather than cheaper, both sides must use Colorado-licensed attorneys, and any parentage order issued in another state has to be registered with a Colorado court to have effect here.

Ready to talk specifics? Start a conversation or begin your parent application. If you're weighing Colorado against other green-light states, our Surrogacy by State hub compares frameworks side by side.

Colorado's total cost of surrogacy is in line with the national market — nothing in published pricing suggests the state adds a premium or a discount. At Ivy, we quote the journey in tiers so you can see exactly what falls inside the surrogacy program and what the fertility clinic bills separately.

• The surrogacy program — roughly $140,000–$150,000 when you already have transfer-ready embryos. This is the core program: surrogate compensation and benefits (the largest single block), agency matching and coordination, independent legal fees for both sides, escrow, and a surrogacy-friendly insurance review. See our surrogacy cost breakdown for line-item detail.
• IVF and embryo creation — billed separately by your fertility clinic, commonly around $40,000+. Egg retrieval, embryo creation, and any genetic testing are charged by the clinic, not folded into the surrogacy program. If you'd like your embryos screened before transfer, see PGT-A testing.
• Egg donation, if needed — typically $30,000+ on top. Donor compensation, agency fees, and the donor cycle are additional; our egg donation cost guide explains the components.

Colorado-specific costs are modest and routine: separate Colorado-licensed attorneys for each side (the statute requires them), and the parentage filing in juvenile court.

One principle we won't bend on: your funds belong in an independent escrow account or attorney trust account, never with the agency itself. We've written about why in-house escrow is a red flag. If the surrogate's own health plan excludes surrogacy, a surrogacy-friendly policy is purchased for the pregnancy and reviewed by a specialist broker before any medications begin.

A Colorado journey follows the standard gestational surrogacy arc, with two state-specific steps at the contract and parentage stages.

1. Matching. You're matched with a surrogate. She may live in Colorado or elsewhere; counsel confirms which state's law and parentage process apply, and whether the Colorado nexus (a resident party, a Colorado birth, or Colorado treatment) is satisfied.
2. Screening. Medical records review, medical screening at the IVF clinic, and — required by Colorado statute for the surrogate — a mental-health consultation, alongside a medical evaluation for both the surrogate and each intended parent.
3. Legal contract. Each side retains its own independent Colorado-licensed attorney. The agreement is negotiated, signed, and notarized before any medical procedure other than the evaluations (§ 19-4.5-105) — starting medications before the contract is signed can undermine the statutory protections.
4. Cycle and transfer. The surrogate begins IVF medications; the embryo transfer happens at the clinic; pregnancy is confirmed over the following weeks.
5. Pregnancy and the pre-birth order. Monthly payments flow from escrow per the contract. During pregnancy — practitioners commonly file in the second trimester — the intended parents' attorney petitions the juvenile court for a pre-birth parentage order (§ 19-4.5-111). The court may issue the order before birth, with enforcement stayed until delivery. Intended parents generally do not need to attend a hearing (practitioner-reported), and the State/CDPHE is not a necessary party.
6. Birth and birth certificate. At delivery, parentage vests in the intended parents by operation of law, and the pre-birth order directs CDPHE to issue a birth certificate naming them. If the child is born in Colorado, vital records issues the certificate per the order; where no pre-birth order was obtained, a post-birth order is available and, practitioners report, handled within weeks after delivery.

From application to birth, most journeys take roughly 12–24 months end to end; Colorado's statute provides a defined parentage process, though court scheduling and case specifics affect exact timing.

Colorado's statute gives surrogates something many states can't: clearly defined rights written into law, not just into a contract.

A few things are specific to carrying in Colorado:

• Your rights are statutory. The Act guarantees your right "to make all health and welfare decisions regarding themselves and the pregnancy" (§ 19-4.5-106(1)(g)), and no court can order specific performance to force you to be impregnated, to terminate or continue a pregnancy, or to undergo medical procedures (§ 19-4.5-112(4)). You may also terminate the agreement by written notice before any embryo or gamete transfer; absent fraud, no penalty or liquidated damages apply, though expenses reimbursable under the agreement and incurred through the termination date remain payable (§ 19-4.5-108).
• You get your own independent attorney — required by law. The statute mandates independent Colorado-licensed counsel for the surrogate "throughout the surrogacy arrangement" (§ 19-4.5-104(1)(e)). At Ivy that attorney is paid for by the intended parents. This isn't a formality; it's the part of the process that makes your paperwork match the statute.
• Sign before you start. The agreement must be signed and notarized before any medical procedure other than your evaluation and mental-health consultation (§ 19-4.5-105). Beginning medications before signing can jeopardize the statutory protections that exist to protect you.
• You don't have to be a Colorado resident. As long as the birth or the fertility treatment happens in Colorado, you can be protected by the Act (§ 19-4.5-105(1)(a)).
• Parentage lands on the intended parents, not you. Under a compliant agreement, the intended parents are the child's parents at birth by operation of law, and you and your spouse are expressly not parents (§ 19-4.5-109).

If you live in Colorado and are thinking about carrying, our surrogate FAQ answers the questions applicants ask most, and the application takes about ten minutes.

Colorado law sets a few requirements directly: to be a surrogate you must be at least 21, have previously given birth to at least one child, complete a medical evaluation and a mental-health consultation, and have independent Colorado-licensed legal counsel throughout (§ 19-4.5-104(1)). Those are statutory floors — not agency preferences.

The rest of what determines whether you can carry comes from IVF clinics and agencies.

Ivy Surrogacy eligibility guidelines (not Colorado statutory requirements):

• Age 20–36. You can start your application at 20, though Colorado's statute requires you to be at least 21 to sign the surrogacy agreement (which happens before any transfer) — and screening and matching take months, so the timing usually works out naturally. The upper limit reflects pregnancy safety and what clinics and intended parents accept.
• At least one healthy, full-term pregnancy of your own, currently raising your child (this also satisfies the statute's prior-birth requirement).
• BMI of 32 or below.
• No more than 2 C-sections, and no more than 5 total deliveries. These mirror what IVF physicians typically require; records outside them rarely clear a clinic's medical review.
• No smoking, vaping, or THC use — at least 6 months clean, verified by clinic testing.
• Financially stable and able to take part without financial pressure; situations involving means-tested public benefits are reviewed individually (they can also affect insurance).
• U.S. citizen or permanent resident (green card) with a stable living situation.

Delivered vaginally? At Ivy, 3 months postpartum is the earliest you may begin your application — the embryo transfer itself comes months later, and final medical clearance and transfer timing are always the clinic's call after full postpartum recovery. C-section recovery takes longer. If you're unsure whether something in your history disqualifies you, ask before you self-reject — the surrogate FAQ covers the common edge cases, and the application is the fastest way to get a real answer.

At Ivy, first-time base compensation is $40,000–$55,000 depending on location and experience, with experienced surrogates at $60,000+, inside total packages of $50,000–$100,000+. Colorado's statute expressly permits compensation, support, and reasonable expenses, and sets no cap on the amount (§ 19-4.5-106(2)) — the agreement simply has to disclose how the intended parents will cover your expenses.

Your total package is built from a base amount plus benefits and milestone payments — a monthly allowance, maternity clothing, a transfer fee, and additional amounts for a C-section or for carrying multiples. The full structure is on our compensation page, and your personalized estimate comes before you commit to anything.

Because Colorado requires you to have your own independent attorney — paid for by the intended parents — the way your specific payments are structured under the agreement is reviewed and explained to you by your own counsel before you sign. Start your application to get a real, personalized estimate.

Colorado has a strong IVF-clinic landscape for gestational-carrier cycles, spanning the Denver metro, Lone Tree, Aurora, Colorado Springs, Louisville, Lafayette, and Littleton. This list is selective, not exhaustive — among the clinics performing gestational-carrier cycles in Colorado are:

• CCRM Fertility — Lone Tree (flagship): CCRM Fertility runs its founding, flagship lab at 10290 RidgeGate Circle, Lone Tree, with additional Colorado clinics in Denver, Colorado Springs, and Louisville. CCRM operates one of the most prominent gestational-carrier and egg-donation programs in the U.S.
• Conceptions Reproductive Associates of Colorado: Conceptions (part of the RMA Network) has clinics in Denver, Lafayette, Littleton, and Lone Tree, offering IVF, third-party reproduction, gestational surrogacy, and LGBTQ+ family building.
• CU / UCHealth Advanced Reproductive Medicine: UCHealth's reproductive care program offers academic-center IVF and donor services in Aurora (Anschutz Medical Campus) and Colorado Springs.

Which clinic you use is usually decided by where your embryos are — or will be — created, not by where the surrogate lives. Embryos can be shipped to a Colorado clinic, or the transfer can happen at your existing clinic with a Colorado surrogate traveling there. Note that under Colorado's nexus rule, performing the fertility treatment in Colorado is itself one of the three ways to bring a journey under the state's statute (§ 19-4.5-105(1)(a)).

Primary sources worth bookmarking:

• The statute itself: the Colorado Surrogacy Agreement Act (HB 21-1022, enacted text), codified at C.R.S. §§ 19-4.5-101 to -114, and the Colorado General Assembly's HB 21-1022 bill page confirming the May 6, 2021 effective date (Chapter 103, 2021 Session Laws). The pre-birth-order provision is at C.R.S. § 19-4.5-111.
• Birth certificates: the Colorado Department of Public Health and Environment (CDPHE), Vital Records issues the birth certificate pursuant to the court's parentage order.
• Finding a lawyer: Colorado requires independent, Colorado-licensed counsel on both sides. The Academy of Adoption & Assisted Reproduction Attorneys directory lists Colorado fellows experienced in assisted reproduction.

For comparison shopping across states — legal frameworks, pre-birth vs. post-birth orders, and typical costs — our Surrogacy by State hub covers every state we've profiled. Colorado's statutory pre-birth-order model closely resembles California's, another green-light state, and stands in useful contrast with Florida's post-birth parentage process.