Both gestational and traditional surrogacy contracts are enforceable by the courts. Compensation also may be paid in addition to the reimbursement of expenses incurred.

Intended parents may enter into surrogacy arrangements regardless of their marital status. Single intended parents may enter into surrogacy arrangements as well.

For the surrogate, any person acting as a surrogate in the State of Colorado must be represented by an attorney. In addition, Colorado law recognizes some of the rights of the person acting as a surrogate:

• Although the surrogate is required to have legal representation, the intended parents are not required to pay for it.


• The surrogate must be fully capable of making all mental and physical health decisions for themself during the pregnancy.