Colorado § 19-4.5-106 Required contents of surrogacy agreement

Colorado Statutes

§ 19-4.5-106 — Required contents of surrogacy agreement

Colorado § 19-4.5-106

Title 19Children's

Art.Colorado Surrogacy Agreement Act

This text of Colorado § 19-4.5-106 (Required contents of surrogacy agreement) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 19-4.5-106 (2026).

Text

(1)A surrogacy agreement must comply with the following requirements:

(a)A gestational surrogate or genetic surrogate agrees to attempt to become pregnant by means of assisted reproduction;

(b)Except as otherwise provided in section 19-4.5-111, the gestational surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement;

(c)The gestational surrogate or genetic surrogate's spouse, if any, must acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement;

(d)Except as otherwise provided in section 19-4.5-111, the intended parent, or, if there are two intended parents, each one jointly and severally, immediately on birth will b

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(1) A surrogacy
agreement must comply with the following requirements:

(a) A gestational surrogate or genetic surrogate agrees to attempt to
become pregnant by means of assisted reproduction;

(b) Except as otherwise provided in section 19-4.5-111, the gestational
surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any,
have no claim to parentage of a child conceived by assisted reproduction under the
agreement;

(c) The gestational surrogate or genetic surrogate's spouse, if any, must
acknowledge and agree to comply with the obligations imposed on the surrogate by
the agreement;

(d) Except as otherwise provided in section 19-4.5-111, the intended parent,
or, if there are two intended parents, each one jointly and severally, immediately on
birth will be the exclusive parent or parents of the child, regardless of number of
children born or gender or mental or physical condition of each child;

(e) Except as otherwise provided in section 19-4.5-111, the intended parent,
or, if there are two intended parents, each parent jointly and severally, immediately
on birth will assume responsibility for the financial support of the child, regardless
of the number of children born or gender or mental or physical condition of each
child;

(f) The agreement must include information disclosing how each intended
parent will cover the agreed-upon expenses of the gestational surrogate or genetic
surrogate, the assisted reproduction expenses, and the medical expenses for the
surrogate and the child;

(g) The agreement must permit the gestational surrogate or genetic
surrogate to make all health and welfare decisions regarding themselves and the
pregnancy;

(h) The agreement must include information about each party's right under
this article 4.5 to terminate the surrogacy agreement.

(2) A surrogacy agreement may provide for:

(a) Payment of compensation, support, and reasonable expenses; and

(b) Reimbursement of specific agreed-upon expenses if the agreement is
terminated under this article 4.5.

(3) A right created under a surrogacy agreement is not assignable and there
is no third-party beneficiary of the agreement other than the child.

(4) In the event that any of the requirements of this section are not met, a
court of competent jurisdiction shall determine parentage based on the parties'
intent.