In Colombia, surrogacy has been legal for several years, thanks to a ruling by the Colombian Constitutional Court. This ruling not only legitimized the practice but also prompted the Colombian Parliament to regulate the sector in more detail. However, despite the introduction of three bills to establish a specific regulatory framework for surrogacy, none have completed the legislative process. Therefore, the courts currently determine the rules through judicial decisions, and rulings on the matter are increasing considerably.
Medical and Legal Aspects
From a medical point of view, the surrogacy process in Colombia is completely comparable to that of other countries, thanks to the presence of top-level private clinics, with staff trained in Europe, which offer programs at relatively more affordable costs than in other parts of the world.
Regarding the legal recognition of parentage, Colombia stands out for its openness to all types of intended parents. Heterosexual families, same-sex couples, and single individuals can access surrogacy and obtain legal recognition of their parental status. The child registration process can be carried out at the local civil registry or at a notary's office. In most cases, the notary's route is preferred due to its greater speed.
Departure Times and Acknowledgment of Parentage
Another advantage of surrogacy in Colombia is the speed with which the process can be completed and the intended parents can return to their home country. Generally, the second trip—the one following the birth of the baby—lasts around three to four weeks. This is a significant advantage for foreign parents, who can return to their country relatively quickly.
Furthermore, Colombia allows for the recognition of parentage only for the intended parents, or, depending on the legislation of the country of origin, an initial procedure may be required to recognize the surrogate mother. In this case, a legal process lasting approximately eight months is carried out, at the end of which the surrogate mother is removed from the birth certificate and the intended parents are recognized as the sole parents. This practice is particularly useful for countries, such as Spain, that make it difficult for children born through surrogacy to return home. In fact, a transitional procedure that initially recognizes the surrogate mother and then clarifies the surrogacy arrangement prevents the child from being at risk of statelessness.
Colombia has even received a recommendation from a national court advising it to follow this process to avoid problems arising from the restrictive legislation of some countries, thus protecting the rights of children born through surrogacy.
Conclusion
Colombia is establishing itself as one of the most accessible destinations for surrogacy, offering not only a flexible and open legal system but also excellent medical infrastructure. While awaiting the adoption of specific legislation, the courts continue to define the boundaries of the practice, guaranteeing intended parents a clear process for establishing parentage and a swift return to their countries of origin.
