Colorado § 19-4.5-109 - Establishment of parent-child relationship under surrogacy agreement.
Full text of Colorado Colorado Revised Statutes § 19-4.5-109 — Establishment of parent-child relationship under surrogacy agreement., with citation guidance and answers to common questions.
§ 19-4.5-109. Establishment of parent-child relationship under surrogacy agreement.
(1) Except as otherwise provided in subsection (3) of this section or section 19-4.5-110 (2) or 19-4.5-112, on birth of a child conceived by assisted reproduction under a surrogacy agreement, each intended parent is, by operation of law, a parent of the child.
(2) Except as otherwise provided in subsection (3) of this section or section 19-4.5-112, neither a gestational surrogate or genetic surrogate nor the surrogate's spouse or former spouse, if any, is a parent of the child.
(3) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court shall order genetic testing of the child. If the child is a genetic child of the individual who agreed to be a gestational surrogate, parentage must be determined based on article 4 of this title 19.
(4) Except as otherwise provided in subsection (3) of this section or section 19-4.5-110 (2) or 19-4.5-112, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not the gestational surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.
(5) A donor is not a parent of a child conceived by assisted reproduction.
Source: L. 2021: Entire article added, (HB 21-1022), ch. 103, p. 414, § 1, effective May 6.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 19-4.5-109
What does Colorado Revised Statutes § 19-4.5-109 cover?
Section 19-4.5-109 ("Establishment of parent-child relationship under surrogacy agreement.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 19-4.5-109?
A common citation format is "Colorado Revised Statutes § 19-4.5-109" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 19-4.5-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.