It exists today thanks to science and various studies in the field of reproductive medicine, research and advances in terms of a problem, which in the decade of the 20th century, cases of infertility, health problems took more and more force or of another nature, which made it impossible for people to desire to form a family, but it also began to be noticed that it was not only a matter of heterosexual couples, but that family models were taking a new conception in homoparental couples, single parents, etc., who had also decided on their own to have a child.For this reason and faced with the need to look for alternatives for fertility, more and more people were looking for a way to have children, for that reason reproductive medicine began researching treatments to face this problem, one of the first reproduction techniques was the artificial insemination, which would give way to new alternatives, such as surrogacy.

Surrogacy is the most widely used method, because it is an assisted reproductive technique that works through a third party, which helps many people to find the solution to their problems in surrogacy. 

For this reason, surrogacy began to gain more strength in the field of medicine, thus generating the creation of private clinics specializing in fertility issues, doctors and specialists who were increasingly trained in the subject.Thus, the surrogacy began to be regulated by a contract that was made to the surrogate mother who was the one who carried the pregnancy through in vitro fertilization, of the couple or the person who had paid for the treatment and after completing the pregnancy, the woman had to renounce the filiation of the baby in favor of the biological father and his wife, or the partner of the same sex or alone, who did all the paperwork to legally adopt the child.

subrogacion y leyes

In this way, surrogacy began to take on more relevance not only in the medical field but also in the legal framework, since it is still a somewhat controversial issue and in several countries this practice is prohibited, therefore, people have to travel to other countries to fulfill their dreams of having a family.

In 1980, in the United States, there were already three private agencies that put families in contact with women who wanted to be pregnant, in 1986 the number of agencies had doubled … It is said that in the United States about 500 children were born through surrogacy contracts.

Is it legal to carry out a surrogacy process?

Yes, today there are several countries, which have regulated the practice of surrogacy, so that it is safe and at the forefront of all medical and legal procedures, so that it can become accessible to all people anywhere in the world. world, since there are still many countries that do not accept this technique, for this reason they see it illegal and it can be penalized.

For that reason, each country has given its own regulation, so that people fulfill their dream in countries where such treatment is recognized and accepted by society. 

There are many developed countries that allow Surrogacy, as long as the pregnant woman does not receive financial compensation, for example, Great Britain, South Africa, Canada, Israel, and parts of Australia.

Therefore, it is increasingly common for foreigners to focus their gaze on countries such as the United States, Canada, Mexico, Argentina and Colombia, they are some of the countries where their regulation and procedure is more constituted, through specialized clinics that have put his medical and legal work, in favor of couples or single people who want to start a family and find a safe and reliable place.

The registration of children born abroad by Surrogacy, provided that certain criteria are met, such as: that the filiation has been established by court ruling in the country where the process took place and that it is proven that the pregnant woman has provided your consent freely and voluntarily.

firma subrogacion

Who are the biological parents?

It is one of the most complex questions that you have to know before starting treatment, so that later there are no inconveniences or misunderstandings and both parties seek custody of the baby.

For this reason, surrogacy is an assisted reproductive technique, it is necessary to know that this procedure will always have the help of third parties, such as donors, either eggs or sperm and the surrogate mother who will carry her pregnancy as such. , but it will not contribute its genes to the baby, that is why it is important that from the beginning, the legal conditions and a contract are discussed so that both parties agree to the procedure and that at the end of the pregnancy the surrogate mother delivers to the baby, to the intentional parents who contributed their genetic material and would be the biological parents of the baby as such. And they are the ones who will have all the rights of the minor and their respective upbringing.

Birth certificate

To finalize the process so that it is legal and that later there are no legal problems, it is important that the clinic where you started the treatment have all the legal procedures in order, so that after the delivery, the parents can do all the legal procedures such as the birth certificate, and that they are the ones that obtain all the rights of the child and the duties of the parents themselves. That they assume full responsibility for the proper development and upbringing of the child who will be left in their custody.

Finally, it is important that you can fulfill your dream of having a family, since today there are alternatives available to all people, it is a matter of searching and advising yourself, so that you always choose the best option, keep in mind that not only You are going to do a medical treatment but it also has its legal and legal component, which will be part of the entire process since everything is necessary for you to fulfill your dream, always in the best way and you can later tell your experience and you can help more couples to take that step, as important as it is to start a family.

At CELAGEM we are ready to fulfill your dream

We are specialists in solving fertility problems, In vitro fertilization or assisted reproduction. We want to show you some of our treatments that have your first appointment totally free.



Surrogacy legal framework