Eligibility
Surrogacy law in Colombia allows arrangements for singles, heterosexual or same-sex couples, whether married and unmarried
Requirements
Colombian law sets no fixed eligibility rules, but clinics apply their own medical and ethical criteria to ensure ethical and medical standards
Birthright & Citizenship
The baby’s birth certificate is issued in the intended parents’ names, but a signed waiver from the surrogate is required
IVF Options
IVF programs range from single to unlimited cycles and transfers, depending on the clinic and intended parents’ reproductive goals
Medical options
Gender selection is permitted only when there’s a medical reason, such as avoiding inherited conditions tied to the child’s sex
Financial Overview
Colombia offers low-budget surrogacy options, combining affordable pricing with access to quality fertility clinics and a wide range of medical services
Surrogacy law in Colombia
Surrogacy in Colombia has become an increasingly attractive option for intended parents worldwide, largely because of its accessible costs and growing legal recognition. Historically, Colombian law only acknowledged two forms of parentage, civil and natural, making the acceptance of surrogacy a complex issue. Over time, the Constitutional Court has clarified its position, defining surrogacy as a reproductive process in which a woman carries a child under an agreement to transfer all parental rights to the intended mother. Importantly, gestational surrogacy in Colombia does not require the surrogate to provide her own eggs, ensuring there is no biological link between her and the child.
F.A.Q.Surrogacy law in Colombia
Surrogacy in Colombia has become an increasingly attractive option for intended parents worldwide, largely because of its accessible costs and growing legal recognition. Historically, Colombian law only acknowledged two forms of parentage, civil and natural, making the acceptance of surrogacy a complex issue. Over time, the Constitutional Court has clarified its position, defining surrogacy as a reproductive process in which a woman carries a child under an agreement to transfer all parental rights to the intended mother. Importantly, gestational surrogacy in Colombia does not require the surrogate to provide her own eggs, ensuring there is no biological link between her and the child.
Surrogacy in Colombia: Understanding Program Costs
The cost of surrogacy in Colombia cannot be reduced to a single fixed price, as it depends on several key factors. Variables include whether an egg donor is required, the type of program chosen at the IVF clinic, and how many embryo transfers are included, some programs cover a limited number, while others guarantee unlimited attempts until pregnancy is achieved. Based on recent case histories, we can estimate that a guaranteed program with unlimited IVF and embryo transfers, an egg donor, a surrogate, and full legal support averages around €65,000. For intended parents using their own embryos or gametes, with surrogate and legal services included, the average cost is closer to €60,000.
Surrogacy Law and Court Rulings
Surrogacy in Colombia is not yet regulated by a specific law, but its practice has been recognized through Constitutional Court rulings, most notably judgment T-968 of 2009. In this decision, the Court affirmed that Colombian law contains neither explicit authorization nor prohibition of surrogacy, but that it may be considered a legitimate form of assisted reproduction for couples facing infertility. Article 42 of the Constitution reinforces this view by guaranteeing equal rights to all children, whether conceived naturally, through adoption, or with scientific assistance. On this basis, surrogacy has been interpreted as a lawful reproductive technique, defined by the Court as a process in which a woman carries a child under an agreement to transfer parental rights to another woman who will appear as his mother The surrogate does not contribute her own eggs, meaning she has no genetic link with the child, and upon delivery she is required to hand the newborn to the intended parents, who in turn assume responsibility for covering pregnancy- and birth related expenses.
Agreement and Practical Application
For a surrogacy agreement in Colombia to be valid and enforceable, the surrogate’s free and informed consent is fundamental. She must be in good physical and psychological health, meet the age requirements, and have successfully carried at least one previous pregnancy. Surrogacy law in Colombia also highlights that her motivation should not be financial gain, but rather the desire to provide a social service and help intended parents on their journey to parenthood. In return, the intended parents commit to covering all medical expenses related to the pregnancy and birth and to completing the legal procedures necessary to secure parentage in their favor.
Intended Parents Requirements
Surrogacy in Colombia does not impose strict eligibility criteria on intended parents. The main expectation is that they demonstrate sufficient financial stability to raise the child and cover all expenses related to the surrogacy process. This flexible framework makes Colombia an accessible option for a wide range of intended parents, provided they can show the means to ensure the child’s well-being and the proper completion of the journey.
Dual Journey Program
In Colombia, as in Mexico, the dual surrogacy program offers intended parents the possibility of welcoming two children by engaging two surrogates, each undergoing an embryo transfer at nearly the same time. This option provides greater predictability and security, making it especially attractive for families who wish to grow quickly with the birth of siblings close in age. For male same-sex couples, the program also allows both partners to contribute their genetic material with the same egg donor, creating biological children who are genetic siblings, linked through the donor while each child carries the DNA of a different father.
Surrogacy with Existing Embryos
For many intended parents, surrogacy becomes the final step after repeated attempts with assisted reproduction, whether through IVF using their own gametes or with donor eggs or sperm. When pregnancy still isn’t achieved, surrogacy with existing embryos often offers a natural next path, combining both flexibility and cost efficiency. However, the use of previously created embryos depends on several factors: the country in which they were made, whether local laws permit their export, their quality, and if they have undergone genetic testing. In some cases, fertility clinics may advise creating new embryos directly in Colombia to maximize the chances of success and ensure full legal and logistical clarity from the outset.
Birth certificate
Under surrogacy law in Colombia, once the surrogate formally relinquishes her parental rights, the intended parents are legally recognized and their names are entered directly on the child’s birth certificate.
Parentage and Citizenship (Jus Soli)
According to Article 96 of the Colombian Constitution, children are recognized as Colombian citizens at birth if at least one parent is a Colombian national (jus sanguinis) or, in the case of foreign parents, if one of them is legally domiciled in Colombia at the time of birth. This means that a child born through surrogacy in Colombia acquires Colombian citizenship automatically from the moment of birth.
Our Perspective on Surrogacy in Colombia
Surrogacy law in Colombia offers intended parents an inclusive and cost-effective path to parenthood, backed by Constitutional Court rulings that recognize surrogacy as a legitimate form of assisted reproduction. Access is open to singles, heterosexual couples, and same-sex couples, while legal safeguards ensure that both surrogate consent and intended parent rights are protected. With growing medical expertise and reliable legal support, Colombia is positioning itself as one of the most attractive and welcoming destinations for international surrogacy.
Frequently Asked Questions
These are some of the most common questions intended parents ask when learning about surrogacy law in Colombia. However, every journey is unique, and additional concerns often arise. If you have further questions, we encourage you to reach out to our team.
Surrogacy CountriesFrequently Asked Questions
These are some of the most common questions intended parents ask when learning about surrogacy law in Colombia. However, every journey is unique, and additional concerns often arise. If you have further questions, we encourage you to reach out to our team.
Who can become an intended parent in Colombia?
Surrogacy law in Colombia is inclusive, allowing single individuals, heterosexual couples, and same-sex couples to participate. Intended parents must have no pending criminal charges and be able to demonstrate both the financial and emotional capacity to raise a child.
Is gender selection possible in the Colombia?
Yes, in many IVF clinics gender selection is available, usually as part of PGT-A testing (Preimplantation Genetic Testing for Aneuploidy). Availability depends on the clinic and must align with local regulations.
Can we use embryos created in another country?
Yes, it is possible to use embryos created abroad, but several legal and logistical requirements must be met. Surrogacy law in Colombia requires special authorization from the health authorities for the importation of human reproductive material, including embryos. In addition, the country of origin must allow their export, which is not always guaranteed, as some IVF clinics and national laws restrict embryos from being used for purposes other than those originally declared. For these reasons, careful planning is essential to ensure compliance and avoid delays.
How long do we need to stay in Colombia after the birth?
After the birth, intended parents must remain in Colombia to complete the legal process, register the birth, and obtain a passport (if requested) for the baby before returning home.
On average, most families stay between 3 and 5 weeks. This period includes obtaining the birth certificate, and finalizing paperwork for the baby.
We work hard to streamline each step, but because the process also involves administrative procedures, we always advise parents to plan their stay with some flexibility.
Is Colombia a safe place?
Yes. We operate only in the safest cities in Colombia, with no security concerns for intended parents during their surrogacy journey.
Interested in discussing?
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If you need someone to talk to, we listen. Every journey is unique, we’re here to support yours.
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Mexico City
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San Diego
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La Jolla, CA 92037, USA
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