“In the Colombian legal system there is no express prohibition for the realization of this type of agreements or agreements. However, regarding the techniques of assisted reproduction, within which surrogate or surrogate motherhood is located, the doctrine has considered that they are legitimated legally, under Article 42-6 of the Constitution, which provides that “Children born in Marriage or outside it, adopted or procreated naturally or with scientific assistance, has equal rights and duties.”
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.
This was recognized by the Colombian Constitutional Court in a landmark decision in 2015 that ruled that excluding same-sex parents as potential adopters was a limitation of the right of children to have a family and not be separated from it.
Equal rights also extend to foreigners in Article 100 of The Constitution which grants foreigners in Colombia the same civil rights and guarantees as those granted to citizens, so this includes international surrogacy.
Post-birth, there is a process to recognize the intended parents on the birth certificate as the legal parents, but there is no process of pre-birth order as exists in various states in the United States.
The Constitutional Court’s Sentence T 968 of 2009 outlines the necessary requirements and conditions of a surrogacy program between intended parents and surrogate including:
The surrogate mother can only terminate the pregnancy with a medical indication from her doctor.
We are pleased to work together with qualified lawyers, who will assist you throughout your entire journey. Lawyer services will include drafting the contract between the Intended Parents and the surrogate, as well as registering the baby immediately after birth. The biological father’s name will be listed on the birth certificate in addition to the surrogate’s name. The surrogate will then sign a legal document relinquishing all maternal rights which then automatically triggers the process for her name to be removed from the birth certificate. This procedure should take approximately 4 -5 weeks from the birth of the child