In Colombia, surrogacy is an assisted reproductive technique ( TRA ), which was allowed for people who, due to fertility problems, could not have children. Thus, in Colombia there is ruling T-968 of 2009 of the constitutional court, which specifies that said practice is allowed under the terms of maternity surrogate , where a surrogate woman agrees to carry the pregnancy and that after delivery, the baby can deliver to the people who paid for the treatment and who assumed the expenses of the pregnancy as such.
For this reason it is a practice allowed in Colombia, since it is seen as a human procreation technique, which regulates not only the individual but also family relationships, in this way the State must be committed to regulating the rights and duties of new ways of procreating, and it becomes safe and protects pregnant women against any commercial abuse, since it is a totally altruistic practice and also protects the baby to lead an optimal life.
Thus, the constitutional court defines surrogacy as:
"The reproductive act that generates the birth of a child by a woman who is subject to a pact or commitment through which she must give up all the rights over the newborn in favor of another woman who appeared as his mother."
Therefore, in the Colombian legal system there is no prohibition to carry out this practice, for this reason Colombia is one of the countries that, due to its medical and investigative advances, is considered one of the most affordable places, in terms of health and expenses, since it guarantees the health of the surrogate, the baby and a considerable reduction in the cost that would imply doing it in another country.
Can a surrogacy process be carried out in Colombia?
In Colombia, you can carry out a process of surrogacy , since it is a practice that has been in charge of specialized clinics in assisted reproduction issues and is allowed within the legal frameworks, for that you must take into account:
- Surrogacy contract: it is a contract in which the entire process is detailed and what both parties must agree to, both for the pregnant woman and for the parents who will bear the expenses of the entire procedure as such.
- Civil registration: it is necessary to legally register the minor to the respective parents.
- Maternity challenge: in case there are inconveniences and the surrogate mother asks for custody of the minor.
- Permission to leave the baby: in the event that the foreigner travels to the country, do the procedure and want to carry out the nationalization of the child in another country.
- Lawsuits: in case either of the two parties involved does not respect the agreement.
Is it regulated?
Over time, approximately 20 years, surrogacy in Colombia has been adjusting to norms and guidelines so that said practice is carried out within the parameters of the law. Like article 42 of the Political Constitution of Colombia that promulgates:
"The right that all people have to form a family, considered as the essential nucleus of society in which, constitutionally, equal rights and duties are recognized in relation to children adopted or naturally procreated or with scientific assistance."
In this way, surrogacy has always been in constant change, always with the premise of respecting the fundamental rights of the individual so that later on it can be regulated, in favor of being a practice that respects the right to have a family, regardless of how it is done. Obviously obtain according to medical parameters and that you are not finding from other people.
For this reason surrogacy is only allowed for altruistic purposes, for couples who have physiological problems to conceive, or for single people or couples of the same sex, that the eggs are not provided by the pregnant woman, and that said woman complies with certain Requirements such as being of legal age, having had children, having good health, physically and mentally stable, submitting to medical and psychological controls before, during and after pregnancy. Neither the pregnant woman nor the parents can retract the agreement and the pregnant mother can only interrupt the pregnancy by medical prescription.
“The woman who gestates and gives birth does not bring her eggs. Currently, only the general provisions in relation to filiation, registration of minors and rights and obligations of those who hold parental authority of children and adolescents can be applied. "
Is it necessary to be married?
It is not necessary, because Colombian law protects all existing relationships so that people can have children, without discriminating against any population and protect the right for anyone to have a family. That way, whether you are married or not, you can access surrogacy as one of the many treatments that help you, if you want to have children.
As a single man or woman, can I access surrogacy?
You can actually start the surrogacy process as a single person in Colombia, since your right to form a family and the free development of your personality are respected. You can access the reproduction alternatives, which are present so that you can start the process in a calm and safe way.
Is it allowed for homoparental couples?
Yes, in Colombia the law protects all people regardless of their condition, provides guarantees of equality to parents LGBTIQ , and couples' rights and obligations are respected, such as in this case the right to have and form a family and that, through surrogacy, one of the two parents can be genetically related to the baby and be an alternative for realize their dreams.
Finally, in Colombia, being a country established within the legal frameworks of the protection of the human being and that their rights do not take away the possibility of realizing themselves as a person and being able to fulfill their dreams, surrogacy has been the way for many people to fulfill their dreams of having a family, through laws that protect the right to life and the right to free development of the person without any discrimination. In Colombia there are many clinics and agencies dedicated exclusively to fertility issues, but CELAGEM is the largest and most recognized clinic, with experience with couples of more than 30 nationalities, which is at the forefront of fertility issues, with legal support, so that both foreigners and residents can use our services reliably and safely, not forget to visit us and learn about our services.