Surrogacy in Colombia: A Legal and Practical Overview

In Colombia, surrogacy has been legal for several years, thanks to a ruling by the Colombian Constitutional Court. This decision not only legalized the practice but also urged the Colombian Parliament to establish a more comprehensive regulatory framework. However, despite the introduction of three different bills aimed at regulating surrogacy, none of them have yet completed the legislative process. As a result, courts continue to set the rules through judicial decisions, and rulings on the matter are increasing in frequency.

Medical and Legal Aspects

From a medical perspective, surrogacy procedures in Colombia are comparable to those in other countries, with high-quality private clinics offering services at relatively affordable costs. Many of these clinics are staffed by professionals trained in Europe, ensuring top-tier medical care for intended parents.

In terms of legal parentage recognition, Colombia is known for its inclusive approach, allowing all types of intended parents—heterosexual couples, same-sex couples, and single individuals—to pursue surrogacy and have their parentage recognized. The registration of the child can be carried out either at the local civil registry or through notarial offices, with most parents opting for the latter due to its efficiency and speed.

Exit Times and Parentage Recognition

Another advantage of surrogacy in Colombia is the relatively quick process that allows parents to return to their home country. Typically, the second trip—following the birth of the child—lasts around 3 to 4 weeks, enabling foreign parents to return home in a timely manner.

Moreover, Colombia offers flexibility in recognizing parentage, either by recognizing only the intended parents or, in accordance with the legal requirements of the intended parents' country of origin, initially recognizing the surrogate mother. In cases where the surrogate mother is recognized, a legal process lasting approximately eight months is then initiated to remove her from the birth certificate, leaving only the intended parents listed. This practice is particularly valuable for parents from countries with restrictive legislation on surrogacy, helping them avoid potential legal issues, such as the risk of statelessness for the child.

In fact, a Colombian court has even recommended this approach to ensure that children born via surrogacy are not left without legal status due to conflicting international laws, safeguarding their rights during the process.

Conclusion

Colombia is emerging as an attractive destination for surrogacy, offering not only a flexible and inclusive legal framework but also high-quality medical care at accessible costs. While a formal law on surrogacy is still pending, the courts continue to shape the practice, ensuring that intended parents have a clear path to legal parentage and can return to their home countries promptly.