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

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

(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.

Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 412, § 1, effective May 6.