Surrogacy Law in Colombia

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.

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