Columbia

Surrogacy is a method of assisted reproduction where a woman, known as a surrogate, agrees to carry and give birth to a child for another person or couple, referred to as the intended parents. Colombia has emerged as a favorable destination for surrogacy due to its relatively progressive legal framework and advanced medical facilities. This blog provides an in-depth look at the surrogacy laws in Colombia, including the legal processes, eligibility criteria, and the protections in place for all parties involved.

Legal Framework

Colombia’s surrogacy laws are not as strictly defined as in some other countries, but the practice is permitted under certain conditions. The legal framework is based on general principles of contract law, family law, and constitutional rights, offering a relatively flexible environment for surrogacy agreements.

1. Constitutional Rights:
   • The Colombian Constitution upholds the right to form a family, which supports the use of assisted reproductive technologies, including surrogacy.
2. Contract Law:
   • Surrogacy agreements in Colombia are treated as private contracts between the intended parents and the surrogate mother. These contracts must comply with the general principles of contract law, ensuring that all parties’ rights and obligations are clearly defined and agreed upon.
3. Family Law:
   • Family law principles govern the establishment of parental rights and the legal transfer of parental responsibilities from the surrogate mother to the intended parents.

Eligibility Criteria

For Intended Parents:

• Marital Status: Surrogacy is available to both married and unmarried heterosexual couples. Single individuals and same-sex couples can also pursue surrogacy, making Colombia an inclusive destination.
• Citizenship: There are no specific citizenship requirements, which means both Colombian nationals and international couples can engage in surrogacy arrangements.

For Surrogate Mothers:

• Age and Health: Surrogate mothers must be of legal age and in good health. They must pass thorough medical and psychological evaluations to ensure they are capable of carrying a pregnancy to term.
• Voluntary Participation: Surrogate mothers must provide informed consent, and the agreement must be entered into voluntarily, without any form of coercion.

Surrogacy Process in Colombia

1. Choosing a Surrogacy Agency or Clinic:
   • Intended parents typically start by selecting a reputable surrogacy agency or fertility clinic. These agencies help facilitate the entire process, from matching with a surrogate to handling legal and medical procedures.
2. Medical and Psychological Screening:
   • Both the intended parents and the surrogate mother undergo extensive medical and psychological evaluations to ensure their suitability for the surrogacy process.
3. Legal Agreement:
   • A surrogacy agreement is drafted and signed by both parties, outlining the rights, responsibilities, and compensation for the surrogate mother. This contract must comply with Colombian contract law principles.
4. Embryo Transfer:
   • The IVF process begins, with embryos created using the intended parents’ (or donors’) gametes being transferred to the surrogate mother’s uterus.
5. Pregnancy and Birth:
   • The surrogate mother carries the pregnancy to term, receiving medical care and support throughout the process. The intended parents are usually involved in the pregnancy journey and are present at the birth.
6. Legal Parentage:
   • After the birth, the intended parents must take legal steps to establish their parental rights. This may involve obtaining a court order or updating the child’s birth certificate to reflect the intended parents as the legal guardians.

Rights and Protections

Intended Parents:

• The intended parents are recognized as the legal parents of the child once the necessary legal steps are completed. They are responsible for the child’s care and upbringing from birth.

Surrogate Mothers:

• Surrogate mothers are protected under Colombian law to ensure they receive fair compensation and medical care as agreed in the surrogacy contract. They also retain the right to informed consent and can withdraw from the agreement before the embryo transfer.

Children:

• Children born through surrogacy in Colombia have the same legal rights as any other child, with their intended parents being their legal guardians.

Challenges and Considerations

While Colombia offers a favorable environment for surrogacy, there are some challenges and considerations to keep in mind:

1. Legal Ambiguities:
   • The lack of specific surrogacy legislation means that intended parents must navigate the process carefully, ensuring all contracts and legal steps are meticulously followed to avoid disputes.
2. Ethical Concerns:
   • As with surrogacy in any country, ethical considerations regarding the potential exploitation of surrogate mothers and the commercialization of surrogacy must be taken into account.
3. International Recognition:
   • Intended parents, particularly those from other countries, must ensure that their home country recognizes the surrogacy agreement and the legal parentage established in Colombia.

Conclusion

Colombia provides a relatively flexible and inclusive legal environment for surrogacy, making it an attractive option for many intended parents. The combination of advanced medical facilities, inclusive eligibility criteria, and a supportive legal framework allows for a smooth surrogacy journey. However, it is crucial for intended parents to work with reputable agencies and legal experts to navigate the process effectively and ensure that all legal requirements are met. With the right support, surrogacy in Colombia can be a fulfilling path to building a family.