C.R.S. Section 19-4.5-107
Effect of subsequent change of marital status

(1)

Unless a surrogacy agreement expressly provides otherwise:

(a)

The marriage of a gestational surrogate or genetic surrogate after the agreement is signed by all parties does not affect the validity of the agreement, their spouse’s consent to the agreement is not required, and their spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and

(b)

The dissolution, annulment, declaration of invalidity, legal separation, or separate maintenance of the gestational surrogate or genetic surrogate after the agreement is signed by all parties does not affect the validity of the agreement.

(2)

Unless a surrogacy agreement expressly provides otherwise:

(a)

The marriage of an intended parent after the agreement is signed by all parties does not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement; and

(b)

The dissolution, annulment, declaration of invalidity, legal separation, or separate maintenance of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in section 19-4.5-110 or 19-4.5-112, the intended parents are the parents of the child.

Source: Section 19-4.5-107 — Effect of subsequent change of marital status, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

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Current through Fall 2024

§ 19-4.5-107’s source at colorado​.gov