Surrogacy Laws and Regulations in Colombia
The National Constitution of Colombia states in Article 42-6: “Children born in or out of wedlock, adopted and procreated naturally or with scientific assistance, have equal rights and duties. The law will regulate the responsible offspring.”
The legal precedent to include surrogacy arrangements in this definition is present in The Constitutional Court’s Sentence T 968 of 2009 which expresses:
“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:
- There is a physiological problem to conceive;
- The gametes required for conception are not provided by the surrogate mother (there is no biological link to her, so no traditional surrogacy as it is called, only gestational surrogacy);
- The surrogacy process is altruistic in nature, not commercial surrogacy;
- The surrogate mother meets a series of requirements such as adulthood, psychophysical health, having children, etc;
- The surrogate mother must undergo relevant examinations before, during and after pregnancy, as well as psychological evaluations and appropriate medical procedures;
- The pregnant women, once having a signed surrogacy contracts and surrogacy agreements with their legal representation, and implanted with the reproductive material, cannot retract the delivery of the child;
- The biological parents cannot refuse the child under any circumstances once the baby is born;
- The death of the biological parents before birth does not leave the child unprotected;
- The surrogate mother can only terminate the pregnancy with a medical indication from her doctor.
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