Surrogacy Law in Colombia

Surrogacy Law in Colombia

In Colombia, the legal framework regarding surrogacy law is well established for prospective intended parents. Thus, the country has gradually been gaining popularity as an international surrogacy destination, especially for same-sex couples.

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There is no prohibition concerning surrogacy agreements in Colombia as evident in Article 42-6, of the National Constitutional of Colombia. It states that “Children born in or out of wedlock, adopted and procreated naturally or with scientific assistance, have equal rights and duties.”

In 2009, a Constitutional Court ruling about surrogacy Colombia further explained that: “In the Colombian law, there is no express prohibition for the realization of this type of agreement. However, regarding the techniques of assisted reproduction, within which surrogate or surrogate motherhood is located; the doctrine has considered that they are legitimated legally.”

Colombia holds positive legislations and liberal position on surrogacy relationship. All types of families, since 2015, can use surrogacy services in Colombia irrespective of their sexual identity.

Surrogacy Law in Colombia

Surrogacy Laws in Colombia: Major Regulations

In Colombia, the Constitution does not permit discrimination. That means all heterosexual couples, singles and same-sex partners may partake in the surrogacy process when there is a genetic linkage to the child.

This was affirmed by the Colombian Constitutional Court in a landmark sentence in 2015. The court ruled that excluding same-sex partners as prospective adopters was a restraint of the right of the newborns and therefore non-constitutional. As a result, all parents have the right to have a family and not be alienated from it.

The article 100 of the Constitution extends equal rights to foreigners. That means foreigners qualify for the same civil rights and guarantees as those granted to Columbian nationals.

During post-birth, there is a process of recognizing the intended parent(s) on the birth certificate of the child as the legal parent(s).

Colombia Surrogacy Law: Requirements

Intended Parents will have to provide a recent criminal record check along with other required documents and also undergo a psycho-social evaluation.
The Constitutional Court Sentence T 968 of 2009 clarifies the conditions and requirements of a surrogacy program between a surrogate and the intended parents. For the convenience of prospective couples:

  • The eggs used in the IVF process should not have any biological link to the surrogate mother
  • The whole process should be altruistic (non-commercial)
  • The surrogate mother should meet all the requirements related to adulthood, physical and mental health, having children, etc
  • There must be strict medical and physical evaluations of the surrogate
  • After signing of the surrogacy contract and once the surrogate has conceived, she cannot retract the delivery of the baby
  • The surrogate can terminate the pregnancy only with a medical indication from the doctor
  • The biological parents cannot reject the child regardless of the circumstances
  • Where the death of biological parents occurs before birth, the child does not remain unprotected

Also, in Colombia, children born through surrogacy are entitled to birth registration (certificate) and citizenship. The process of securing a passport in Colombia is quite simple because we work only with the best law specialists. The newborn may also leave with Colombian Citizenship and passport, which is usually the quickest means of leaving Columbia with a newborn.

The average time for the exit process takes about 3-5 weeks, depending on the local consulate or embassy of the intended parents. For USA citizens, the time to go home can be less than average. And for European citizens, the exit process might take longer than average.

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