Bottom Line Up Front
No Colombian statute prohibits or expressly permits surrogacy, and a bill filed in August 2026 would criminalize it. Total estimated cost is $30,000–$50,000, compared to $100,000–$200,000 in the United States. Work with an independent Colombian family lawyer before you commit to anything.
Important Legal Nuance
Surrogacy in Colombia isn’t prohibited by any statute, and isn’t regulated or expressly permitted by one either. No statute makes surrogacy agreements enforceable, and in 2024 the Constitutional Court described a legal vacuum (T-127/2024). This is an important distinction from countries like the US (where surrogacy laws vary by state) or Ukraine (where surrogacy is regulated by specific legislation).
For intended parents who cannot carry a pregnancy — whether due to medical conditions, uterine factors, same-sex male partnerships, or other reasons — gestational surrogacy is the path to biological parenthood. And Colombia is emerging as one of the most accessible and affordable destinations in the world for this option.
Gestational vs Traditional Surrogacy
In gestational surrogacy, the surrogate (gestational carrier) has no genetic relationship to the child. The embryo is created using the intended parents' gametes (or donor gametes) and transferred to the carrier's uterus. The carrier provides the nurturing environment for pregnancy but contributes no DNA. This is the only form of surrogacy practiced in Colombia and is the standard worldwide.
Traditional surrogacy (where the carrier also provides the egg) is not standard practice in Colombia and is legally more complex in any jurisdiction.
Who Pursues Surrogacy in Colombia?
- Same-sex male couples who need both an egg donor and a gestational carrier
- Women who cannot carry a pregnancy due to uterine abnormalities, hysterectomy, repeated pregnancy loss, or medical conditions that make pregnancy dangerous
- Single intended fathers building families independently
- Couples who have experienced repeated IVF failure with embryo transfers and suspect uterine factors
The Legal Process
Step 1: Legal Consultation
Before any medical procedures begin, intended parents should engage a Colombian family law attorney experienced in surrogacy. The attorney drafts a surrogacy agreement that outlines the rights, responsibilities, and expectations of all parties.
Step 2: Independent Legal Advice
No statute sets up a court-authorization process for surrogacy in Colombia. Before anything else, get written advice from an independent Colombian family lawyer, including how the August 2026 bill could affect you.
Step 3: Gestational Carrier Matching
Colombian surrogacy agencies or fertility clinics help match intended parents with screened gestational carriers. Carriers undergo comprehensive medical screening (gynecological evaluation, psychological assessment, infectious disease testing, obstetric history review) and must have previously carried at least one pregnancy to term.
Step 4: IVF and Embryo Transfer
Embryos are created via IVF (using intended parents' gametes, donor eggs, donor sperm, or a combination) and transferred to the carrier's prepared uterus. The medical process is identical to a standard IVF embryo transfer.
Step 5: Birth and Parentage
After birth, the woman who gave birth is registered as the mother. In practice, the intended father then asks a family judge to challenge that maternity, using a genetic test (Cuestión Pública, 2026). For international intended parents, additional steps may be needed for citizenship and passport documentation for the child.
Ethical Framework
Colombia's surrogacy model is altruistic, meaning the gestational carrier is not paid a fee for carrying the pregnancy. She is reimbursed for reasonable pregnancy-related expenses (medical care, transportation, nutrition, maternity clothing, lost wages during medical appointments and recovery). This framework is designed to prevent the commercialization of surrogacy and protect carriers from exploitation.
Ethical surrogacy requires informed consent from the carrier, independent legal representation for the carrier (paid by the intended parents), psychological support throughout the pregnancy, and comprehensive health insurance coverage. Reputable Colombian surrogacy programs ensure all of these elements are in place.
International Parentage Considerations
If you are a US citizen pursuing surrogacy in Colombia, you will need to establish your child's US citizenship and obtain a passport before returning home. This typically involves registering the birth at the US Embassy in Bogotá, providing DNA evidence of biological parentage (if applicable), and completing a Consular Report of Birth Abroad (CRBA). The process takes 2–4 weeks. Plan to stay in Colombia for this period after the birth.
Questions about IVF?
Because surrogacy’s legal status in Colombia is under debate in Congress, talk to an independent Colombian family lawyer before you commit to anything. For IVF questions, we’re happy to help.
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