Is surrogacy legal in Colombia?

If I had to give a quick answer: under the current (2025) Colombian legal framework.Gestational surrogacyis legally operable.

But there's something special about this "legitimacy":

It's not the kind of thing where there's a surrogacy law written in plain language, but--No specific legislation prohibiting it + clearly supported by the jurisprudence of the Constitutional CourtThe law of the land is not a matter of law, but a matter of jurisprudence and constitutional law that "holds you up".

Gestational surrogacy legalized in Colombia by Constitutional Court

What other people argue about on the internet is other people's business, let's look at the facts.

More than a decade ago, the Colombian Constitutional Court made its position clear:

Under certain conditions, gestational surrogacy is a legitimate medical treatment and a reasonable way to address infertility.

For Chinese families, as long as you don't step over the red line (e.g. "buying and selling children" with no blood at all, using a surrogate mother's own eggs as a traditional surrogate, etc.), the word "surrogacy" itself will not be treated as a crime.

This is the premise on which we dare to discuss Colombia seriously.

Why is it "legal" and yet "there is no specific law"?

This is where many people are most confused at first.

You won't find a specific surrogacy law on the statute books, and several versions of the bill have been proposed in Congress over the years and have died in the discussion stage.

It's a subtle "window" for us.

There are no rigid provisions to weld the door shut, and there is room to maneuver; but it also means that you are more dependent on lawyers and case law than on a statute that is written in stone.

What does this mean for Chinese families?

It can be simply understood in two sentences:

• The status threshold is relatively low: there is no specific law that says "singles can't do it" or "foreigners can't do it", so it is possible for singles, homosexuals and foreigners to operate legally;
• The threshold for compliance is not low: it's the lawyer you pick, the quality of the contract, the surrogate mother screening, and the route to citizenship that determines the stability of the journey.

In other words:

In Colombia, it is not a case of "whatever you want", but rather "most of the problems you worry about can be covered by the law if you go the right way".

Legal basis for surrogacy in Colombia

Don't think this part is boring, but this is the "backbone" of your conversation with agents and organizations.

You know this, so they won't dare to trap you with empty words.

Article 42 of the Constitution: Equal rights for children born through assisted reproduction

Article 42 of the Colombian Constitution has a very important spirit:

A child obtained through scientifically assisted procreation has the same rights as a child conceived naturally.

For us, it means at least two things:

• Surrogate babies themselves are not legally discriminated against because of their "surrogate" status;
• As long as the process is legal and paternity is established, the State is obliged to recognize it as "your child".

This is a very important legal support in the later procedures of birth registration, nationality and repatriation.

T-968 / 2009 JudgmentSurrogacy: The Key to "Can It Be Done" and "Who Gets the Baby?"

Codenames look boring, but the core conclusions are actually quite memorable:

• Definitely surrogacy can be done:
  Under strict conditions, surrogacy is a legitimate solution to infertility and is not a natural "evil".
• Restrictions on "commercialization":
  The Court emphasized that the female uterus cannot be treated as a commodity and that only the "altruistic nature" is permissible, discouraging the naked sale of the uterus.
  In practice it becomes - "we pay compensation, not rent".
• Parental authority is vested in the intended parents:
  In the gestational surrogacy model, after the genetic relationship has been confirmed through procedures such as DNA testing, parental authority shall be vested in the intended parents who have provided the genetic material, and the surrogate mother shall not have custody rights.

The design of the contract and the compensation structure are all centered around these articles.

Impact of Subsequent Sentencing on Singles / Same-Sex / LGBT

Colombia has been running fast on human rights in the last few years:

2015: Adoption by same-sex couples is allowed;

2016: same-sex marriage legalized.

Although these decisions are not specifically about surrogacy, the chain of logic is connected:

Since the law recognizes you as a family unit and your right to adopt, it would be difficult to deny you the right to have blood children through assisted reproduction in principle.

This is why Colombia is more radical and radical than many "seemingly more developed" countries when it comes to the protection of LGBT and single people's reproductive rights.

Who can legally surrogate in Colombia? (singles, same-sex, heterosexual couples, foreigners)

To give you the straight dope first: under the current rules, most types of families can legally do a surrogacy program in Colombia as long as they meet the basic conditions.

It's often not the "status" that really gets you, it's the..:

• There is no medical reason;
• There are no genes involved from one side or the other;
• Are contracts and processes on track for compliance.

Nationals: Single / Married / Same-sex partner

In Colombia itself, reproductive rights are recognized as fundamental human rights.

loneWants to be a mom and dad;

Strong women who don't marry;

Traditional heterosexual couples;

Legally registeredgay partner--

When you go to the clinic to register, you will almost never get your eyes rolled because of your family form.

On the streets of Bogotá, two men holding hands and pushing a stroller are an everyday sight. The social climate is such that surrogacy is viewed more as a medical service than as a "scandal".

Protection of the LGBT community: from "non-adoptable" to "full equality"

To the rainbow group, I have a couple of separate comments.

Domestically you are faced with:

With the pressure from family members + the gap in the law, many people are afraid to even think openly about having a child.

In Colombia, the lines are of a different kind:

• The court first recognizes that you can adopt;
• Recognize again that you can get married;
• On this basis, consider assisted reproduction, surrogacy, as part of the exercise of your reproductive rights.

In practice:

Same-sex couples doing surrogacy in Colombia.Equal in legal status to heterosexual couples.;

The names of "two fathers" or "two mothers" can appear on the birth certificate (we will talk about the technicalities of doing this in the Nationality section when you return to your home country to register your family).

Foreigners: how article 100 of the Constitution gives you the right to be "a national"

The focus of the focus.

Article 100 of the Constitution provides to the effect that:

Foreigners in Colombian territory enjoy the same civil rights and guarantees as nationals.

That's a very golden statement:

• On medical care: you can't be less protected just because you're a foreigner;
• Contracts, notarization, disputes: judges cannot treat foreign parties "discriminatorily".

In contrast to Thailand's sudden "surrogacy by nationals only".

In Colombia, it would be very difficult to introduce a ban specifically targeting foreigners, which would theoretically have to face scrutiny at the constitutional level.

So my judgment now is:

In 2025, it will still be one of the relatively friendly and maneuverable destinations for Chinese families, but keep an eye on subsequent legislative moves.

Under what conditions is surrogacy "legal" in Colombia?

Status eligibility is only the first step.

What you really want to avoid is stepping into minefields that will be viewed by the judiciary as "buying and selling human beings" and "serious violations of women's rights".

Reasonable medical grounds must exist

At the legal and ethical level, surrogacy presupposes "medical necessity".

• Heterosexual couples / Single women: Medical evidence of infertility diagnosis, uterine problems, recurrent miscarriages, etc. is generally required;
• Single males / Gay males: physiology dictates an inability to conceive on one's own, which in itself constitutes a valid reason.

These reasons are usually reflected in:

• Medical reports, medical records;
• Psychological evaluations and medical evaluations are reported.

This is not a "formality for the hospital", but key evidence to prove to a judge that "this is a necessary medical act" in the event of a future dispute.

Gestational surrogacy only: traditional surrogacy is a high-risk model

There are two broad types of surrogacy:

• Gestational surrogacy: the intended parents provide the sperm and/or eggs, and the surrogate mother provides only the uterus;
• Traditional surrogacy: surrogate mother uses her own eggs + sperm from the intended father.

In Colombian practice, regular agencies basically only do gestational surrogacy for a simple reason:

In traditional surrogacy, the surrogate mother is both the "pregnant person" and the "genetic mother";

In the event of an emotional upheaval and remorse, the judge is likely to be more inclined to consider the child as her biological child when weighing the "interests of the child."

So, my advice to you is this:

Don't touch traditional surrogacy in Colombia.

From legal risks to parental attribution, the path is almost uncontrollable.

Surrogacy must be "altruistic", but what "reasonable compensation" is possible?

The attitude of the Constitutional Court is:

Fertility can be accomplished through the use of surrogacy, but not through the outright "sale of wombs" and "sale of children".

In practice, the general practice is - to split the money into one item of reasonable compensation:

• Subsistence allowance: because pregnancy interferes with work;
• Nutritional benefits: cost of improved diet during pregnancy;
• Transportation and clothing: expenses for maternity checkups, maternity clothes, etc;
• Compensation for physical and mental suffering: reasonable reassurance about the risks and pain of the pregnancy process.

Note two things:

• Try to avoid words such as "buy, rent uterus, how much" in contracts and chat records;
• Breaking down compensation into specific, reasonable, and directly pregnancy-related items facilitates proving in the event of a dispute that **"this is a contract for health care services with a standardized design, not a demographic transaction." **

Notably, while emphasizingaltruistic, but that doesn't mean that surrogate mothers don't have any financial income.

What are the core terms that a typical compliant surrogacy agreement will contain?

A reliable Colombian surrogacy contract is often dozens of pages long in Spanish, but you focus on these:

• Waiver of declaration of parental rights:
  The surrogate mother explicitly agrees that this is a pregnancy on your behalf, that parental rights to the child will be vested in the intended parents after birth, and that she is not claiming custody herself.
• Lifestyle constraints during pregnancy:
  Prohibit tobacco, alcohol, drugs, control high-risk behaviors, and include instructions on infection prevention (e.g., Zika, etc.) if necessary.
• Medical Decision-Making Authority Agreement:
  In the case of serious and life-threatening malformations, who makes the decision on how to preserve the size of the baby and whether to reduce the size of the baby, within the limits of the law.
• Allocation of risk and responsibility:
  How to deal with uncontrollable risks such as failed transplants, spontaneous abortions, premature births, etc. Generally, surrogate mothers will not be asked to "pay" for non-human factors, and expectant parents need to have a mental expectation of reasonable risks.

My advice:

In Colombia, contracts and lawyers are your seatbelt.

Don't forgo an independent attorney review to save hundreds or thousands of dollars; the agency gives you a template contract that prioritizes protection for the agency itself, not you.

Rights and Obligations of Surrogate Mothers and Intended Parents

In Colombia, mostsurrogate motherFrom an average working family, looking to improve her life through a surrogacy.

Laws and industry norms will push in both directions - both to protect them from exploitation and to safeguard the reasonable expectations of expectant parents.

Barriers to entry for surrogate mothers: age, health, parenthood, psychological assessment

Regular clinics screen surrogate moms rigorously, and the elimination rate can be as high as 70%-80%. common hard criteria include:

• Age: Generally between 21-35 years old;
• Married/pregnant: at least one healthy child born in wedlock, no serious pregnancy complications;
• Physical examination: screening for common infectious diseases, checking uterine conditions and endocrinology;
• Psychological assessment: Confirmation that she chose voluntarily and was not coerced by her family;
  She understands the reality that "the child is not hers" and "she will be separated after giving birth", and she has enough mental strength to cope with it.

When you get a surrogate mom's profile, don't just look at the photos, but keep an eye on her birth history, medical reports, and psychological evaluations.

Can a substitute mom "back out"? The risk lies elsewhere.

The biggest fear of many Chinese parents is:

"What if she can't give it away when the baby is born?"

From current jurisprudence and practice:

Under the gestational surrogacy model, there is very little room for the surrogate mother to unilaterally "get the child back" with DNA testing and a waiver of parental rights;

It is the accidents that occur during pregnancy - such as the use of abortion rights - that really need to be taken seriously.

On the right to abortion:

The 2022 judgment allows for the termination of pregnancy in the 24th week of pregnancy under certain conditions, with the woman having physical autonomy;

Contracts usually contain a clause on liquidated damages for arbitrary termination of pregnancy "without just cause", provided that local laws are respected.

Therefore, we can neither fantasize that "surrogate mothers have no rights at all", nor do we need to be overly alarmed that "she will definitely steal the baby after giving birth".

What you really need to do is: choose a reliable organization + strict contract + process follow-up.

Expected parental obligations

This part is easily overlooked, but legally critical:

• It is not possible to "pick" a child's gender or health condition and return it:
  Once a child is born, you cannot refuse to take it in because of gender, appearance or health issues, which may constitute a risk of abandonment;
• Pre-appointment of a guardian is required:
  Some compliant operations will contractually agree that in the event of the expected parent's unexpected death during pregnancy, a designated relative or guardian will be responsible for picking up the child to avoid the child being left unsupported.

Differences from the United States model of "pre-birth court orders"

Some states in the U.S. (e.g., California) have PBOs, where the court recognizes parental rights to the intended parents before the child is born.

Colombia is currently following the path of post-natal corroboration:

• The child is born;
• Do a DNA paternity test;
• Go to the registry office or the court for confirmation of parental authority and birth registration in conjunction with the relinquishment of parental authority document of the surrogate mother.

Ostensibly an extra step, the process can usually be gone through in a few weeks, provided the attorney and the organization are experienced enough.

Different legal systems, different paths, but the goal is the same: to make the child legally "your child".

The cost of surrogacy in Colombia and the delicate balance of "altruism"

Okay, let's talk about money.

American surrogacy prices, for a set, commonly total $160,000-$180,000 dollars;

The mainstream programs in Colombia are currently in the $60,000 to $80,000 range.

Many people's first thought is, "Could it be illegal / unsafe because it's so cheap?"

What's the approximate cost of the $60,000 to $80,000?

It varies slightly from organization to organization and can be roughly broken down into pieces (percentages are empirical only):

• Medical expenses (approximately 30-401 TP3T):
  IVF cycle, medication, transplantation, labor and delivery hospitalization, etc;
• Compensation for Substitute Mothers (~25-35%):
  Various types of compensation, subsistence allowances, nutritional expenses, lost wages;
• Agency Service Fee (approx. 15-20%):
  Matching surrogate moms, day-to-day management, translators, pick-ups and drop-offs, and other coordination;
• Legal Services Fee (approx. 8-12%):
  Contract drafting, notarization, birth registration, parental authority procedures, etc;
• Insurance and miscellaneous expenses (about 5%):
  Surrogate's Complications Insurance, Basic Accident Insurance, etc.

The core logic is:

Medical technology is not "discounted", the real cost is the local prices and labor costs.

"Altruism" and compensation: the thin line between law and reality

Nominally, Colombia emphasizes "altruistic surrogacy" and opposes the sale of uteruses.

In reality, surrogate moms do improve their lives with this compensation. The two are not contradictory.

Just do it:

• The amount of compensation is within a reasonable range for the industry;
• The main items are "living support, medical-related expenses" rather than "rent, purchase and sale prices";
• The structure of the contract was reviewed by a professional lawyer;

Under existing jurisprudence, this model is seen as a compromise between human rights and reality, rather than a nakedly commercialized operation.

Legal status of the baby after birth: nationality, birth registration and repatriation certificates

Colombia's "Limited Jurisdiction of Birth Principle": Passports are not the focus, the focus is on the Chinese Travel Permit

Let's start by clearing up a few common misconceptions:

• A child born in Colombia does not automatically acquire Colombian nationality (unless one of the parents has permanent residence status);
• For most Chinese families, what we really want: a Chinese-issued Travel Permit, not a Colombian passport.

The practical path is usually:

• The birth registration is completed in Colombia and the birth certificate reflects your legal relationship with the child;
• Apply for a Travel Permit at the Chinese Embassy or Consulate with your birth certificate and DNA report;
• Return home with the Travel Permit and follow up on settlement and subsequent schooling in accordance with local policies.

Colombian jurisprudence on the "prevention of stateless children" is more of an underpinning -

In extreme cases, if the child is really rejected by both sides, the brother side is obliged to confer nationality.

However, the goal of our formal operation is the smooth return of the child to China as a Chinese citizen.

Who's on the birth certificate?

That birth certificate determines legally "who the parents are."

Ideal situation:

Through a pre-designed legal path and notarization, there is an opportunity to have the name of the intended parent (or single parent)** directly on the birth certificate** only;

Recent practice in some areas:

Some registries will insist that the surrogate mother's name be put first, and then the transfer and correction of parental rights can be completed through the courts or legal process.

The latter will involve a few more steps of formalities, a little more time and expense, but with enough experience of the attorney, the result can be tied up to the same end point.

Paternity Test + Chinese Embassy/Consulate Procedures: General Procedure

In very simplified terms, there are three main steps:

• Do the DNA. paternity test::
  Choose an organization that is recognized by the Chinese embassy or consulate or has reliable international credentials, and make sure that the supporting documents are not flawed;
• Prepare documents to apply for a Travel Permit:
  Passport, visa, child's birth certificate and its notarized authentication, DNA report, and a statement from the mother if necessary;
• Interviews and audits:
  The consul may ask a brief question about the child's situation, so it is sufficient to follow the lawyer's instructions and explain the situation truthfully and securely.

Generally, it is the norm to get a Travel Permit within a few weeks when the documents are complete and the route is compliant.

When is there a "risk of de facto statelessness"?

There are two main types of extreme scenarios where things could theoretically go wrong:

• Completely bloodless "sperm + egg + surrogate" combination:
  When DNA testing reveals that the child is not genetically related to the intended parents, it is difficult for the Chinese embassy or consulate to recognize it as a "biological child" and the process can get stuck;
• Surrogate motherhood is complicated or confusing:
  For example, the use of surrogate mothers with refugee status and no proof of legal residency may subsequently involve multinational policies.

That's why I emphasized it again and again earlier:

Try to use surrogate mothers of your own nationality with a clear background;

It must be ensured that the child is genuinely related to at least one of the intended parents.

Recent legislative developments

The 2023 draft: why was it ultimately rejected when it was almost "closed"?

In 2023, a draft regulation of surrogacy was in the air, and the two most "damning" points were roughly:

• A near total ban on for-profit surrogacy;
• It is intended to limit the service to people who have lived in the country for a long time or have a specific status.

If passed, the impact on foreign families, including those in China, would be very significant.

The reasons behind the eventual rejection of this draft include:

• There is a conflict with the spirit of the Constitution regarding the right to procreation and equality;
• Human rights organizations, industry groups raised strong objections.

The upshot: surrogacy is still possible, but this incident reminds us - the political risks are real.

Now, after the rejection of the draft: the legal vacuum continues, but the trend towards regularization is clear

In the past two years, although no new laws have been put in place, the courts and academics have gradually shifted the focus of their discussions:

• How to better protect the rights of surrogate mothers (insurance, psychological support, etc.);
• How to deal with nationality and diplomatic issues arising from cross-border surrogacy.

A general direction is:

"Instead of a blanket ban, we should recognize the reality of what exists and try to create more nuanced rules."

Three possible directions for the next 3-5 years

From my nose in the industry for over a decade, look at it roughly this way:

• Moderate regulatory laws are on the ground (more likely):
  Creating a registration system, compensation caps, institutional margins, etc. would increase prices but increase security;
• Raising the threshold of access for foreigners:
  Not necessarily across the board, but may require more proof and more procedures;
• Continued delay in maintaining the status quo:
  It is not impossible, but as international attention increases, the probability of such "prolonged procrastination" will diminish.

For you, the strategy is simple:

If you have a plan, try to make decisions in those two or three years when the rules are still relatively loose and the path has been proven over and over again.

Colombia vs USA / Kyrgyzstan / Ukraine / Georgia

This part gives you a quick orientation and makes it easy to see Colombia in a global map.

Is there a specific surrogacy law? Comparison of legal systems

• Surrogacy in the United States (in states like California, for example):
  It's a Rolls Royce. The laws are so detailed that they even say "if the surrogate mother is pregnant with twins and wants to reduce the pregnancy, who has the final say". The judge signs the PBO months before your child is born, and once the child is on the ground, he or she legally takes your name, and the passport can be expedited.
  The only downside?
  Expensive! You don't want to go without $160,000 (1.1-1.2 million RMB). Click here to find out more about the cost:American Surrogacy Costs

• Belarus / Georgia:
  This is a typical "statutory law" country. The civil code clearly states that surrogacy is legal and the contract is the law of the land. As long as you're a legal heterosexual couple, things are very stable here. But the problem is, the situation over there is unstable, especially in Ukraine, missiles are flying in the sky, do you dare to send embryos there? Georgia isn't at war, but it's heavily influenced by Russian politics and policies could tighten at any time.

• Kyrgyz Surrogacy:
  This has been the "king of value for money" for the last two years.
  The law is basically copied from Russian work, which is also codified and extremely cheap (60-100 thousand dollars).

  Don't look at it through old eyes! People used to worry about medical backwardness over there, but now that the capital city of Bishkek (Bishkek) has brought in a number of top Russian hospital chains, the technology base is actually quite hard.

  If you still have concerns about local laboratories, there is now a very well established "combo" in the industry: doing IVF in Russia (with access to the world's best Russian assisted reproduction technology) and then shipping the embryos to Kyrgyzstan for transfer, read on:Joint Russian IVF+Kyrgyz surrogacy programThe

  The key thing is that there is an abundance of resources for surrogate mothers over there, and there is basically no queuing (this is faster than both the US and Colombia), so for those who are looking for speed and extreme budgets, this is a very fragrant mouth indeed.

• Colombia:
  Supported by the Constitution and the jurisprudence of the Constitutional Court, there is no specific law on surrogacy, it is the most flexible in terms of `serviceable population', and slightly less `explicit' than the European, American and Eastern European countries with codified laws.

Who is best suited to go to Colombia? Quick Crowd Targeting

Simply pull up a table (looking only in the general direction):

If you are:

• Married heterosexuals, limited budget, and not looking for a particularly liberal legal environment: you can look at Grujis, Ukraine, and Kyrgyz;
• Single / Same-sex, don't want to or can't go to the US: Currently, in the real world, the US and Colombia are the main places where you can get both "legal recognition + practical maturity" at the same time.

Difficulty of contract enforcement and actual "perceived risk"

Summary:

• United States:
  The courts place a great deal of emphasis on contracts and pre-birth orders, which are theoretically the friendliest system for intended parents, but are extremely costly to litigate, and the good news is that there are very few disputes;
• Eastern Europe/Kyrgyzstan:
  The provisions are clear, the implementation is rough, as long as the contract is legal, on behalf of the mother almost no room for reneging, the State is more important to the "introduction of foreign exchange";
• Colombia:
  (a) To place greater emphasis on the "protection of the vulnerable" and the "prioritization of the interests of the child".
  In the event of unforeseen circumstances, the court may impose additional responsibilities or costs on the intended parents.
  The law provides a floor of protection, but you need to allow for a little bit of "favors and elasticity costs".

Frequently Asked Questions FAQ

The following questions are the ones I get asked the most.

After reading this section, you'll be much more grounded when communicating with agents and agencies.