C.R.S.
Section 15-11-121
Child born to gestational carrier
(1)
In this section:(a)
“Gestational agreement” means an enforceable or unenforceable agreement for assisted reproduction in which a woman agrees to carry a child to birth for an intended parent, intended parents, or an individual described in subsection (5) of this section.(b)
“Gestational carrier” means a woman who is not an intended parent who gives birth to a child under a gestational agreement. The term is not limited to a woman who is the child’s genetic mother.(c)
“Gestational child” means a child born to a gestational carrier under a gestational agreement.(d)
“Intended parent” means an individual who entered into a validated gestational agreement providing that the individual will be the parent of a child born to a gestational carrier by means of assisted reproduction. The term is not limited to an individual who has a genetic relationship with the child.(2)
Court order adjudicating parentage - effect.(3)
Gestational carrier.(a)
Designated as a parent of the child in a court order described in subsection (2) of this section; or(b)
The child’s genetic mother and a parent-child relationship does not exist under this section with an individual other than the gestational carrier.(4)
Parent-child relationship with intended parent or parents.(a)
Functioned as a parent of the child no later than two years after the child’s birth; or(b)
Died while the gestational carrier was pregnant if:(I)
There were two intended parents and the other intended parent functioned as a parent of the child no later than two years after the child’s birth;(II)
There were two intended parents, the other intended parent also died while the gestational carrier was pregnant, and a relative of either deceased intended parent or the spouse or surviving spouse of a relative of either deceased intended parent functioned as a parent of the child no later than two years after the child’s birth; or(III)
There was no other intended parent and a relative of or the spouse or surviving spouse of a relative of the deceased intended parent functioned as a parent of the child no later than two years after the child’s birth.(5)
Gestational agreement after death or incapacity.(a)
A record signed by the individual which considering all the facts and circumstances evidences the individual’s intent; or(b)
Other facts and circumstances establishing the individual’s intent by clear and convincing evidence.(6)
Presumption - gestational agreement after spouse’s death or incapacity.(a)
The individual, before death or incapacity, deposited the sperm or eggs that were used to conceive the child;(b)
When the individual deposited the sperm or eggs, the individual was married and no divorce proceeding was pending; and(c)
The individual’s spouse or surviving spouse functioned as a parent of the child no later than two years after the child’s birth.(7)
Subsection (6) presumption inapplicable.(a)
A court order under subsection (2) of this section; or(b)
A signed record that satisfies paragraph (a) of subsection (5) of this section.(8)
When posthumously conceived gestational child treated as in gestation.(a)
In utero not later than thirty-six months after the individual’s death; or(b)
Born not later than forty-five months after the individual’s death.(9)
No effect on other laws.
Source:
Section 15-11-121 — Child born to gestational carrier, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-15.pdf
(accessed Oct. 20, 2023).