Gestational Surrogacy Contract in Colombia

Is Surrogacy Legal in Colombia?

In Colombia, a surrogacy contract is a legal agreement where a woman, called a gestational carrier or surrogate mother, agrees to carry a pregnancy to term and give birth to a child for another person or couple, called the commissioning parents, who cannot conceive by themselves. The contract must establish the economic and legal conditions of the agreement, including the surrogate's compensation, the rights and responsibilities of both parties during pregnancy and childbirth, and how the child's parental rights will be transferred to the commissioning parents after birth. While surrogacy is legal in Colombia under specific circumstances, such as infertility or medical conditions preventing the woman from carrying a pregnancy to term, "rent-a-womb" arrangements are illegal. A valid surrogacy contract requires court approval and adherence to specific legal conditions.

Requirements, Costs, and Duration

General Requirements

In Colombia, surrogacy is a legally complex process subject to certain conditions. Some requirements include:

• The commissioning parent(s) must have medical justification for infertility or inability to carry a pregnancy.
• The surrogate mother cannot have a biological link to the gestated child.
• The contract must be approved by a judge.

Costs

Costs vary depending on the case and the fees of the lawyers and medical specialists involved. The surrogate mother may receive compensation for expenses related to pregnancy and childbirth, as well as additional compensation.

Costs of a Surrogate Mother's Services

The cost of a surrogate mother's services in Colombia varies depending on factors such as geographic location, contract type, and the surrogate's health. Generally, the surrogate receives financial compensation covering pregnancy and childbirth expenses, plus additional compensation for her services. The exact compensation depends on the contract agreed upon by the parties and must be in writing. In Colombia, surrogacy is permitted in cases of infertility or illnesses preventing the woman from carrying a pregnancy to term; therefore, compensation should not be considered payment for the baby itself but for the surrogate's services. Importantly, the surrogate mother should not be viewed as a commodity but as a person providing a significant service. The contract must guarantee the surrogate access to quality medical care, as well as psychological and emotional support throughout the process.

Surrogate Mother Selection

Selecting a surrogate mother in Colombia is a complex process requiring various professionals, including lawyers, doctors, and psychologists. The general steps are:

1. Identifying Candidates: Potential candidates can be identified through specialized agencies, fertility clinics, non-profit organizations, or even through friends or family.
2. Medical Evaluation: A complete medical evaluation determines the candidate's health status, reproductive history, and any conditions affecting their ability to carry a pregnancy.
3. Psychological Evaluation: A psychological evaluation ensures the candidate is mentally and emotionally prepared for the process.
4. Selection: The surrogate mother best suited to the commissioning parents' requirements is selected.
5. Contractual Agreement: A contract is drafted outlining the agreement's terms and conditions, including the surrogate's compensation, rights, responsibilities, and other necessary clauses.

The selection process must be thorough and rigorous to ensure the chosen individual is in the best condition to carry the pregnancy and provide safe, high-quality service.

Duration

The process can take several months or even years, depending on the case's complexity and pregnancy duration. It includes surrogate selection and evaluation, contract drafting and signing, obtaining judicial approval, medical treatments, and pregnancy monitoring. Surrogacy is not permitted in all situations, and legal limitations exist regarding its implementation. Therefore, seeking legal and medical advice before starting any surrogacy process is recommended.

Can Only Foreigners Be Commissioning Parents?

In Colombia, both Colombian citizens and foreigners have the right to utilize surrogacy in cases permitted by law. Commissioning parents do not need to be foreigners. While legal, surrogacy in Colombia is subject to regulations and restrictions, requiring ethical and responsible practices protecting both the surrogate mother's and the child's rights.

Specialized Lawyers in this Area

Lawyers handling surrogacy cases in Colombia need specialized knowledge in family law and health law, as it involves medical and legal aspects. Family law governs family member relationships and potential conflicts; therefore, lawyers should have experience in adoption, parental rights, and parental authority. Health law regulates healthcare services and relationships between patients, healthcare professionals, and institutions. In surrogacy, lawyers must understand the medical and ethical regulations governing fertility treatments and the gestation process. They should also know Colombian surrogacy regulations, experience drafting and reviewing complex contracts, and managing legal proceedings. In short, surrogacy lawyers require expertise in family law, health law, and Colombia's specific surrogacy regulations.