§ 19-4.5-107 — Effect of subsequent change of marital status

Colorado § 19-4.5-107

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: Colorado Surrogacy Agreement Act

Text

(1) Unless a
surrogacy agreement expressly provides otherwise:

(a) The marriage of a gestational surrogate or genetic surrogate after the
agreement is signed by all parties does not affect the validity of the agreement,
their spouse's consent to the agreement is not required, and their spouse is not a
presumed parent of a child conceived by assisted reproduction under the
agreement; and

(b) The dissolution, annulment, declaration of invalidity, legal separation, or
separate maintenance of the gestational surrogate or genetic surrogate after the
agreement is signed by all parties does not affect the validity of the agreement.

(2) Unless a surrogacy agreement expressly provides otherwise:

(a) The marriage of an intended parent after the agreement is signed by all
parties does not affect the validity of a surrogacy agreement, the consent of the
spouse of the intended parent is not required, and the spouse of the intended
parent is not, based on the agreement, a parent of a child conceived by assisted
reproduction under the agreement; and

(b) The dissolution, annulment, declaration of invalidity, legal separation, or
separate maintenance of an intended parent after the agreement is signed by all
parties does not affect the validity of the agreement and, except as otherwise
provided in section 19-4.5-110 or 19-4.5-112, the intended parents are the parents of
the child.

Legislative History

Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 413, � 1, effective May 6.