The Cove state guide
Statutory frameworkThe Colorado Surrogacy Agreement Act sets out eligibility, agreement and parentage rules for gestational surrogacy. A genetic connection between the intended parent and child is not required by the Act's eligibility provisions.
See the rules for your familyYour family. Your legal pathway.
Start with your situation, then read the conditions. A route can depend on marriage, a genetic connection, residence, and how the court establishes each parent’s rights. More than one row may apply to your family.
Colorado's Surrogacy Agreement Act expressly accommodates one intended parent. A single parent must be at least 21, complete the required medical evaluation and have independent Colorado counsel. A genetic connection is not required, so using donor eggs, sperm or embryos does not itself exclude someone from the statutory route.
Sources 1Colorado permits one or two intended parents without requiring the two to marry. Both must join the agreement and meet their own eligibility requirements. For a compliant gestational arrangement, the parentage provisions cover both intended parents at birth, including a partner who supplied no gametes.
Sources 1Two fathers can use Colorado's statutory gestational route, whether married or unmarried. Each intended parent's eligibility expressly applies with or without a genetic connection. The agreement must name both, and the legal process should address donor documentation, parentage and the birth record before delivery.
Sources 1Two mothers using a separate gestational carrier can be intended parents under Colorado's Act without a marriage or genetic-connection requirement. Each must meet the age, medical-evaluation and legal-representation conditions. The gestational agreement and parentage proceeding identify both mothers rather than relying on who provided the egg.
Sources 1Parents living abroad can satisfy Colorado's statutory connection through a resident party, an anticipated Colorado birth or assisted reproduction in Colorado. Each intended parent still needs Colorado-licensed counsel and the required evaluation. State parentage does not resolve citizenship, immigration or recognition in another country.
Sources 13How to read these answers: “Recognized route” means the cited law or legal practice provides a pathway for that family situation. “Conditions apply” flags an additional eligibility or parentage issue. “Case-specific” means the answer depends on the facts or court practice. “Significant restriction” points to a legal obstacle explained in the answer.
These categories describe legal pathways, not a clinic’s medical criteria or a guaranteed outcome. For transgender or nonbinary parents, counsel should also examine any sex-specific wording and how the planned use of eggs, sperm, or embryos affects the route.
State law provides a gestational surrogacy framework. Eligibility, agreements, payments, and court requirements still differ.
This guide covers gestational surrogacy, where the surrogate does not provide the egg. Traditional surrogacy follows different rules. A state’s category does not determine whether your particular arrangement qualifies.
The Act expressly addresses one or two intended parents and does not require them to marry. A later marriage or separation does not automatically rewrite who the agreement identifies as a parent; the statutory rules and the agreement's terms govern those changes.
Section 19-4.5-104 applies to intended parents whether or not they are genetically related to the child. Donor eggs, sperm and embryos can therefore fit the statutory pathway. The agreement should clearly distinguish intended parents from donors and from the gestational carrier.
At least one party must reside in Colorado, the birth must occur or be anticipated there, or the assisted reproduction under the agreement must occur there. Parents living elsewhere can use an applicable alternative; a Colorado connection still must be real and documented.
The agreement must meet statutory requirements and be completed before related medical procedures, except the required evaluations. The carrier and intended parents need independent representation by Colorado-licensed attorneys.
The Act provides parentage at birth for compliant arrangements, subject to its exceptions. A court proceeding may be filed before, on or after birth to document that relationship. Where the agreement fails the statutory requirements, the court considers the parties' intent rather than treating the paperwork as automatically sufficient.
The Act expressly allows an agreement to include compensation, support and reasonable expenses. The agreement must disclose how agreed expenses and medical costs will be covered.
A state’s parentage process and your home country’s recognition of that parentage are separate questions. Before matching, have counsel in both countries confirm the legal route, the child’s citizenship and passport requirements, and the documents needed to return home.
Plan who will obtain certified court orders and birth certificates, whether translations or authentication are needed, and how much time to allow after birth. A favorable state-law answer does not settle immigration or travel requirements.
International parentage recognition: HCCH (opens in a new tab)Learn how Cove helps intended parents explore their options and keep the journey organized.
Explore Cove for parentsSources checked October 13, 2026. Check the source’s effective date as well as its publication date.
General information, not legal advice. Laws and court practices can change. A reproductive-law attorney should confirm the rules for your circumstances before you sign an agreement or begin treatment.
