Is it legal?
In Colombia, the surrogacy contract is a legal agreement in which a woman, called gestante or surrogate mother, agrees to carry a pregnancy to term and give birth to a child for another person or couple, called comitentes or comitente parents, who are unable to conceive by their own means.
The contract must establish the economic and legal conditions of the agreement, including the remuneration of the pregnant woman, the rights and responsibilities of both parties during pregnancy and childbirth, and the manner in which the child’s filiation will be transferred to the commissioning parents after birth.
In Colombia, surrogacy is not legal, but surrogacy is allowed in some specific situations, such as in cases of infertility or diseases that prevent the woman from carrying a pregnancy to term.
For a surrogacy contract to be valid, it must have the approval of a judge and must meet certain conditions established by law.
Requirements, Costs and Duration
In Colombia, surrogacy is a legally complex process and subject to certain conditions.
Some of the requirements, costs and duration of the process are detailed below:
- The principal or the principal couple must have a medical justification of infertility or impossibility of gestation.
- The surrogate mother cannot have a biological link with the gestated child.
- The contract must be approved by a judge.
Costs may vary depending on the case and the fees of the attorneys and medical specialists involved.
The surrogate mother may receive remuneration for expenses associated with pregnancy and childbirth, as well as additional compensation.
Surrogate mother service costs
The cost of a surrogate mother’s services in Colombia may vary depending on several factors, such as geographic location, type of contract and the surrogate mother’s health conditions.
However, in general, the surrogate mother usually receives financial compensation to cover the expenses associated with pregnancy and childbirth, as well as additional compensation for her services.
The exact remuneration will depend on the contract agreed between the parties involved and must be established in writing.
In Colombia, surrogacy is allowed in cases of infertility or diseases that prevent the woman from carrying a pregnancy to term, so the compensation should not be considered as a payment for the baby itself, but for the services of the surrogate mother.
It is important to emphasize that the surrogate mother should not be seen as a commodity, but as a person who is providing an important and meaningful service.
The contract must guarantee that the surrogate mother has access to quality medical care, as well as psychological and emotional support throughout the process.
Selecting a Surrogate
The process of selecting a surrogate mother in Colombia is a complex process that requires the intervention of various professionals, including lawyers, doctors and psychologists.
The following is a description of the general steps that can be followed in the surrogate selection process.
Candidate identification: Potential candidates can be identified through a specialized agency, a fertility clinic, a non-profit organization, or even through friends or family members.
Medical evaluation: Once candidates are identified, a complete medical evaluation is performed to determine their health status, reproductive history, and any other conditions that may affect their ability to carry a pregnancy.
Psychological evaluation: A psychological evaluation is performed to ensure that the candidate is mentally and emotionally prepared for the surrogacy process.
Selection: After the medical and psychological evaluation, we proceed to the selection of the surrogate mother that best suits the requirements of the principals.
Contractual agreement: Once the candidate is selected, a contract is drafted that establishes the terms and conditions of the agreement, including the surrogate’s remuneration, the rights and responsibilities of both parties and any other necessary clauses.
It is important to emphasize that the process of selecting a surrogate mother must be careful and rigorous to ensure that the person selected is in the best condition to carry out the pregnancy and provide a safe and quality service.
The process can take several months or even years, depending on the complexity of the case and the duration of the pregnancy.
The process includes the selection and evaluation of the surrogate mother, drafting and signing the contract, obtaining judicial approval, performing the medical treatments and monitoring the pregnancy.
It is important to keep in mind that surrogacy is not permitted in all situations and that there are legal limitations as to how it can be carried out.
Therefore, it is advisable to seek legal and medical advice before initiating any surrogacy process.
Can the Principal only be a foreigner?
In Colombia, both Colombian citizens and foreigners have the right to resort to gestational surrogacy in the cases allowed by law. Therefore, it is not necessary for the principals or the principal couple to be foreigners in order to use this method of assisted reproduction.
It is important to note that, although surrogacy is legal in Colombia, its use is subject to certain regulations and restrictions established by law, and must be carried out within an ethical and responsible framework that protects both the rights of the surrogate mother and those of the future child.
Lawyers Specializing in the subject
In Colombia, lawyers working on surrogacy cases must have specialized knowledge in family law and health law, since it is a legal process that involves medical and legal aspects.
Family law is in charge of regulating the relationships between family members and the conflicts that may arise, so it is essential that the lawyer has experience in issues related to adoption, filiation and parental authority, among others.
On the other hand, health law focuses on the regulation of health services and the relationships between patients, health professionals and health institutions. In the case of surrogacy, it is necessary for the lawyer to have knowledge of the medical and ethical regulation of fertility treatments and the gestational process.
In addition, it is important that the lawyer has knowledge of the specific regulations related to gestational surrogacy in Colombia, as well as experience in drafting and reviewing complex contracts and handling legal proceedings.
In summary, lawyers working on gestational surrogacy cases must have specialized knowledge in family law, health law and the specific regulations related to this process in Colombia.