Pre- and Post-Birth Orders
In Colorado, Intended Parents who use a Surrogate
to carry their child must obtain a court order
determining legal parentage for the child. If
the Intended Parents do not obtain a court order, in
most cases, the Surrogate's name (and possibly her
husband's name) will be placed on the birth
certificate at the time of the child's birth.
We are generally able to obtain a Colorado
district court order that the Intended Parents'
names are to be placed on the birth certificate
before the child is born. No hearing is
required to obtain the order.
We generally advise Intended Parents to contact
us to start the pre-birth order process at the
beginning of the second trimester.
In order to obtain and effectuate a pre-birth
order in Colorado, the surrogate should give birth
in Colorado and either the Intended Parents or the
Surrogate should live in Colorado.
If necessary, we are also generally able to
obtain a Colorado post-birth order stating that the
Surrogate's name is to be replaced with the Intended
Parents' names on the birth certificate after the
birth of the child.
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