2021 Colorado Code
Title 19 - Children's Code
Article 4.5 - Colorado Surrogacy Agreement Act
§ 19-4.5-111. Court Order of Parentage Under Surrogacy Agreement

1. Except as otherwise provided in section 19-4.5-110 (2) or 19-4.5-112, before, on, or after the birth of a child conceived by assisted reproduction pursuant to a surrogacy agreement, a party to the agreement may commence a proceeding in a juvenile court in this state by filing a petition for determination of parent-child relationship with admissions of parentage, as applicable by the intended parents, and admissions of nonparentage by the gestational surrogate or genetic surrogate and their spouse, if any, as applicable and for an order or judgment:
   1. Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent;
   2. Declaring that the gestational surrogate or genetic surrogate and the surrogate's spouse or former spouse, if any, are not the parents of the child;
   3. Designating the content of the birth record in accordance with article 2 of title 25 and directing the Colorado department of public health and environment or state registrar to designate each intended parent as a parent of the child;
   4. To protect the privacy of the child and the parties, declaring that the court record is not open to inspection;
   5. If necessary, that the child be surrendered to the intended parent or parents; and
   6. For other relief the court determines necessary and proper.

2. The court may issue an order or judgment under subsection (1) of this section before the birth of the child. The court shall stay enforcement of the order or judgment until the birth of the child.
3. Neither this state nor the Colorado department of public health and environment is a necessary party to a proceeding under subsection (1) of this section.
4. The petition described in subsection (1) of this section must set forth the facts of the surrogacy arrangement.
5. If a court order of parentage is issued in another state, the order must be registered with a Colorado court of competent jurisdiction before being valid in this state.

History. Source: L. 2021: Entire article added,(HB 21-1022), ch. 103, p. 415, § 1, effective May 6.