Colorado Surrogacy Law
David Herrera, Esq.
3600 South College Ave
Suite 204
Fort Collins, CO 80525
ph: 970-498-9999
fax: 970-472-5365
dmlaw
Frequently Asked Questions
Reproductive Law can be complicated. Please see the list below of common questions. Please contact the office of David M. Herrera if you can't find your answers here.
What is the difference between a Traditional Surrogacy and a Gestational Surrogacy?
Traditional surrogacy is done via Artificial Insemination, with the surrogate using her egg and another man's sperm. A Traditional Surrogacy uses her own eggs and the Intended Parents sperm to create the baby, generally with no hormone medication.Gestational surrogacy (also known as host uterus) is an infertility treatment provided to couples who can form normal embryos but it is medically advised or necessary for these embryos to develop within the womb (uterus) of a gestational carrier (host) rather than the biologic mother (egg donor). Gestational surrogacy can be a highly effective treatment but, as with conventional In Vitro Fertilization, success cannot be guaranteed. The gestational surrogate has no genetic link to the baby that she carries.What do I need to do to get my name on my baby’s birth certificate?
A court proceeding is necessary to define the parental relationship. In the case of a traditional surrogacy a relinquishment and adoption may be necessary. In the case of a gestational carrier agreement, this is usually a declaratory judgment action.- Does my surrogacy and/or egg donation contract protect me and my baby?
The law of reproductive technologies is an unsettled field. The Courts and legislatures are years behind the technology. The contracts are drafted with care to anticipate every contingency.
Please email me with your question as the answer varies from person to person. - Can my surrogate or egg donor change her mind?
The contracts contemplate the worst case scenarios and provide for damages and injunctions that work to provide significant disincentives and penalties to the Surrogate or Gestational Carrier or egg donor changing her mind. However, it is still possible that if such an event were to occur, litigation would result. Is surrogacy legal where my surrogate lives or where my baby will be born?
Please email me with your question as the answer varies from person to person.Does my Surrogate or Gestational Carrier have appropriate medical insurance, and do I have adequate coverage for my baby?
If the Surrogate or Gestational Carrier does not have adequate insurance, the contract may provide for insurance premiums to increase or supplement insurance with the premiums to be paid according to an agreement of the parties.
Is the money for my surrogate or egg donor in a protected account? Is it being managed to protect all parties?
The best practice is to use a neutral escrow agent to receive and disburse the funds according to the terms of the contract. This escrow agent is in a fiduciary capacity and will follow the contract and the requirements of the specific escrow agreement. In the event of a dispute, the deposited funds are placed in the registry of the Court pending the outcome of the dispute.
Still have questions? Please contact us anytime! We look forward to hearing from you.
3600 South College Ave
Suite 204
Fort Collins, CO 80525
ph: 970-498-9999
fax: 970-472-5365
dmlaw
