ARTICLE 4.5

• Jurisdiction: Colorado

ARTICLE 4.5 Colorado Surrogacy Agreement Act

19-4.5-101. Short title.

19-4.5-102. Legislative declaration.

19-4.5-103. Definitions.

19-4.5-104. Eligibility requirements.

19-4.5-105. Process requirements for a surrogacy agreement.

19-4.5-106. Required contents of surrogacy agreement.

19-4.5-107. Effect of subsequent change of marital status.

19-4.5-108. Termination of surrogacy agreement.

19-4.5-109. Establishment of parent-child relationship under surrogacy agreement.

19-4.5-110. Parentage of deceased intended parent under surrogacy agreement.

19-4.5-111. Court order of parentage under surrogacy agreement.

19-4.5-112. Effect of surrogacy agreement.

19-4.5-113. Duty to support.

19-4.5-114. Certain provisions of law not applicable to surrogacy agreements.

■ 19-4.5-101. Short title. The short title of this article 4.5 is the "Colorado Surrogacy Agreement Act".

Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 409, § 1, effective May 6.

■ 19-4.5-102. Legislative declaration. (1) The general assembly finds and declares that surrogacy agreements executed pursuant to this article 4.5 are in accord with the public policy of this state.

(2) The general assembly further finds and declares that the purpose of this article 4.5 is to:

(a) Establish consistent standards and procedural safeguards to promote the best interests of the children who are born as a result of surrogacy agreements executed pursuant to this article 4.5;

(b) Protect all parties involved in surrogacy agreements executed pursuant to this article 4.5; and

(c) Recognize the technological advances in assisted reproductive medicine and allow the use of these advances by intended parents and gestational surrogates and genetic surrogates according to the public policy of this state.

Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 409, § 1, effective May 6.

■ 19-4.5-103. Definitions. As used in this article 4.5, unless the context otherwise requires:

(1) "Assisted reproduction" means a method of causing pregnancy through means other than by sexual intercourse. In the foregoing context, the term includes, but is not limited to:

(a) Intrauterine or intracervical insemination;

(b) Donation of eggs or sperm;

(c) Donation of embryos;

(d) In vitro fertilization and embryo transfer;

(e) Intracytoplasmic sperm injection; and

(f) Assisted reproductive technology.

(2) "Child" means an individual or individuals born pursuant to assisted reproduction whose parentage may be determined under this article 4.5 or other law.

(3) "Compensation" means payment of any valuable consideration for time, effort, support, pain, or risk.

(4) "Donor" means an individual who provides gametes intended for use in assisted reproduction, whether or not for consideration. "Donor" does not include a person who gives birth to a child conceived by assisted reproduction, except in the case of genetic surrogacy, or an individual who is a parent under the rules governing the parentage of children conceived through assisted reproduction.

(5) "Embryo" means a fertilized egg that has the potential to develop into a fetus if transferred into a uterus.

(6) "Embryo transfer" or "transfer" means the placement of an embryo into a uterus.

(7) "Gamete" means a cell containing a haploid complement of DNA that has the potential to form an embryo when combined with another gamete. Sperm and eggs are gametes.

(8) "Genetic surrogate" means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using their own donated gametes, under a surrogacy agreement as provided in this article 4.5.

(9) "Gestational surrogate" means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using gametes that are not their own, under a surrogacy agreement as provided in this article 4.5.

(10) "Intended parent" means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.

(11) "Licensed mental health professional" means a certificate holder or licensee, as those terms are defined in section 12-245-202, certified or licensed pursuant to article 245 of title 12.

(12) "Medical evaluation" means a complete consultation with and evaluation by a licensed medical doctor.

(13) "Mental health consultation" means a...