Is surrogacy legal in Colombia?
Surrogacy regulations and laws in Colombia
A deep understanding of Colombia’s surrogacy laws is crucial given you are planning to pursue your child-seeking aspirations in the country. Intended parents must know that Article 42-6 of Colombia’s National Constitution states:
“Children born in or out of wedlock, adopted, and procreated naturally or with the aid of science, have equal rights and obligations. The law will control the accountable descendants.
On the other hand, the Constitutional Court’s Sentence T 968 of 2009 provides the legal justification for including surrogacy arrangements in this definition.
So, we can say that there is no express ban on the execution of these kinds of agreements or agreements in surrogacy laws in Colombia. The constitution of Colombia does not allow discrimination, so all singles, heterosexual couples, and same-sex couples may partake in the surrogacy process as long as there is a genetic link to the baby.
Is surrogacy legal in Colombia?
There are no laws and regulations related to surrogacy, so it is neither illegal nor permissible in the nation. Article 42-6 of the Constitution, which states that “Children born in Marriage or outside it, adopted or procreated naturally or with scientific assistance, has equal rights and duties,” has been interpreted by the doctrine to legitimate assisted reproductive techniques, including surrogacy in Colombia and surrogate motherhood.
The choice to go through with the surrogacy procedure is a serious and responsible one. People who are thinking about using a surrogate mother must make their own decisions on a number of matters, such as choosing a surrogate mother candidate who will be able to carry and give birth to a healthy child, a financial matter, and some legal matters, without which conflicts of interest may later arise.
Many people think that there needs to be better legislative oversight of the surrogacy industry in the country. Others are certain that this kind of behavior should be forbidden. Surrogacy in Colombia is not clearly regulated, as stated in the forum. So, it’s not against the law. Current surrogacy laws are identical to those that govern normal birth. This means that in the case of traditional surrogacy, a baby must be registered under the names of the surrogate mother and a male donor.
Genetic tests may be used in challenging paternity litigation, which is the only way to establish a couple’s legal parenthood.
Key considerations related to surrogacy laws in Colombia
- All single people, heterosexual couples, and same-sex couples are welcome to participate in the surrogacy process as long as there is a genetic connection to the child because discrimination is prohibited by Colombian law.
- In a landmark decision issued in 2015, the Colombian Constitutional Court acknowledged this, holding that the right of children to have a family and not be separated from it was limited by the exclusion of same-sex parents as prospective adoptive parents.
- In accordance with Article 100 of the Constitution, which guarantees foreigners in Colombia the same civil rights and protections as Colombian citizens, this also extends to international surrogacy.
- There is a procedure to recognize the intended parents listed on the birth certificate as the child’s legal parents after the child is born, but there is no pre-birth order procedure like there is in some US states.
The necessary requirements and conditions of a surrogacy program between intended parents and surrogate are outlined in the Constitutional Court’s Sentence T 968 of 2009, which includes:
- conceiving is physiologically challenging
- The surrogate mother does not supply the gametes necessary for conception (there is no biological connection, so there is no such thing as traditional surrogacy; only gestational surrogacy);
- The process of surrogacy is charitable and not commercial;
- The surrogate mother satisfies a number of criteria, including adulthood, physical and mental health, having children, etc.;
- The surrogate mother must go through pertinent tests prior to, throughout, and after the pregnancy, as well as psychological assessments and necessary medical procedures;
- The pregnant women cannot cancel the delivery of the child once they have signed surrogacy contracts and surrogacy agreements with their legal counsel and been implanted with the reproductive material;
- Once the child is born, the biological parents are unable to refuse the child under any circumstances;
- The child is still protected even if the biological parents pass away before the child is born;
- Only if her doctor gives the surrogate mother a medical indication can she end the pregnancy.
How can we help?
At Surrogacy Consultancy, we are a team of professional surrogacy experts that got years of knowledge in regard to the surrogacy laws in Colombia. So, your surrogacy journey in the country can proceed without any legal hassles.
Contact one of our coordinators to know more!