Colorado § 19-4.5-112 Effect of surrogacy agreement

Colorado Statutes

§ 19-4.5-112 — Effect of surrogacy agreement

Colorado § 19-4.5-112

Title 19Children's

Art.Colorado Surrogacy Agreement Act

This text of Colorado § 19-4.5-112 (Effect 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. § 19-4.5-112 (2026).

Text

(1)A surrogacy agreement that complies with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106 is enforceable.

(2)If a child was conceived by assisted reproduction under a surrogacy agreement that does not comply with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement.

(3)Except as expressly provided in a surrogacy agreement or in subsection

(4)or (5) of this section, if the agreem

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A surrogacy agreement that
complies with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106 is enforceable.

(2) If a child was conceived by assisted reproduction under a surrogacy
agreement that does not comply with sections 19-4.5-104, 19-4.5-105, and 19-4.5-106, the court shall determine the rights and duties of the parties to the agreement
consistent with the intent of the parties at the time of execution of the agreement.
Each party to the agreement and any individual who at the time of the execution of
the agreement was a spouse of a party to the agreement has standing to maintain a
proceeding to adjudicate an issue related to the enforcement of the agreement.

(3) Except as expressly provided in a surrogacy agreement or in subsection
(4) or (5) of this section, if the agreement is breached by the gestational surrogate
or genetic surrogate or one or more intended parents, the nonbreaching party is
entitled to the remedies available at law or in equity.

(4) Specific performance is not a remedy available for breach by a
gestational surrogate or genetic surrogate of a provision in the agreement that the
surrogate be impregnated, terminate or not terminate a pregnancy, or submit to
medical procedures.

(5) Except as otherwise provided in subsection (4) of this section, if an
intended parent is determined to be a parent of the child, specific performance is a
remedy available for:

(a) Breach of the agreement by a gestational surrogate or genetic surrogate
which prevents the intended parent from exercising immediately on birth of the
child the full rights of parentage; or

(b) Breach by the intended parent which prevents the intended parent's
acceptance, immediately on birth of the child conceived by assisted reproduction
under the agreement, of the duties of parentage.