Trachman Law

Interview With Ellen Trachman, Fertility Attorney



On this episode, September hosts Ellen Trachman and Jen White who co-own Colorado Surrogacy, Surrogacy agency in Colorado.

The two women narrate how their agency started and how it works. They explain the process of getting a surrogate, gestational carrier, for a couple and what they consider when chosing a potential gestational carrier.

Ellen explains why you should choose an attorney that has niched down or specializes in is Assisted Reproductive Technology Law to make your contract over a family practitioner.

Ellen will be speaking at the Colorado Springs Fertility Conference but for those who cannot make it she gives free consultations.


1:30 – Jen says that their agency finds people who are willing to be gestational carriers and they do as much of the screening as they can before they (gestational carriers) are ever presented to be matched with somebody who needs a gestational carrier.

1:45 – They do things like collect all of their medical records of the gestational carriers to see whether she is a good candidate to be a surrogate. They also do full background checks on the gestational carrier and any adult over the age of 18 living in her home.

2:23 – They do all of these things beforehand, before anybody is ever presented or allowed to be through the surrogacy program, so as help mitigate some of the things that could go wrong.

2:47 – Ellen states that the base compensation for surrogates is $40,000 but she finds that really the reason why people do it is because they consider this as one of the greatest gifts or one of the greatest things they can do for others.

4:01 – Jen says that every time they ask all gestational carriers what was the best part of the journey, they all say the best moment is when they see the family hold their baby for the first time.

4:48 – September asks the 2 ladies how they started their surrogacy agency.

5:01 – Ellen says that she got interested in this legal area while she had a law firm that focused on assisted reproductive technology law. Her clients told her how much frustration they went through before getting a surrogate and when they did she was too far away in another state or in another country. She saw this as an opportunity to connect her clients who wanted to do this locally with women who were available locally.

7:29 – Jen says that their main goal is to connect women locally and they do tend to have about 70% of their matches completely local to each other.

9:50 – Denver and Colorado were voted the healthiest states so it is likely that a surrogate is healthy if she comes from these states.

10:16 – Jen says that when a couple comes to them in need of a surrogate, they have a long conversation with the couple about what it is they are looking for. Because they  want to make sure they match the with a very personalized experience, they match them with a gestational carrier who they match on beliefs and personalities.

13:38 – Ellen Says that they charge only after both parties have met and have decided to go through with the program.

15:31 – For someone considering to be a surrogate, there are a lot of requirements that need to be met.

  1. They must be between the ages of 20 – 40
  2. Must have a healthy BMI of between 19 and 30
  3. Have a child of their own that they have given birth to and are raising
  4. No complications during previous pregnancies and birth
  5. Not be on any kind of government aid

18:06 – Ellen has focused her legal practice on this niche which is Assisted Reproductive Technology Law. It also goes by Family Formation Law, Third Party Reproduction or Collaborative Reproduction.

18:11 – Ellen states that while its possible to see a Family Practitioner to do your surrogacy contract, it is best to see an attorney who has specialized in the surrogacy niche.

23:03 – They do contacts of embryo donors too.

23:27 – If you wanted to do a private adoption in Colorado you have to go through an agency. Ellen tends to do a lot more of the step parent adoption, second parent adoptions, custodial adoptions, kinship adoptions, which are not done through a state certified agency.

24:31 – At the Colorado Springs fertility conference, about LGBTQ family formation issues, because there’s still a whole set of unique issues when it comes to same sex couples.

26:23 – For those who can’t make it to the conference, Ellen says does free consult and she’s always happy to be helpful and be a resource. And if I can’t personally help you, she can at least try to point you in the right direction

Who Was On?

  1. September Burton – Host
  2. Ellen Trachman
  3. Jen White

Ellen’s Website – 

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