5 Steps to Surrogacy in Colombia
November 15, 2022
Nowadays, surrogacy has become a renowned alternative reproductive technique around the world. It is used by men, women, single parents and couples that wish to start their own family when faced with obstacles like genetic issues, health problems and any impediments that prevent them from bearing their own children.
South America, specifically Colombia, has become one of the top destinations for medical tourism. When people are searching for a country to perform procedures related to surrogacy, what they are looking for are the health care costs and facilities to provide this service with excellent quality. Colombia is the leader in the field of medical tourism since they have affordable treatment facilities with superior service.
Additionally, surrogacy is a legal practice in Colombia, taking into account that no internal law nor the political constitution of the country have prohibited it. Moreover, it is a practice that has been present in Colombia for over more than 20 years, leaving the country, their clinics, and their lawyers with vast experience in the field.
If you are interested on starting your family via gestational carrier, Colombia is a great destination for surrogacy. Available fertility facilities, gestational carriers and great legal advice are at hand in our country.
In our firm, AGT Attorneys, we have a great team of lawyers in Family Law expertise fully prepared to provide legal guidance regarding surrogacy in Colombia. Our professionals are fully trained to make the various contracts and legal procedures to secure a legal and safe surrogacy.
We invite you to request an appointment at the following WhatsApp number: +57 310 5706331 or leave a message in the Contact Form located on this page.
What is surrogacy in Colombia?
In Colombia, the Constitutional Court, which is the jurisdictional organ in charge of interpreting, modifying and protecting the political constitution of the country, granted a definition for surrogacy in one of their rulings. In this case, through "judgment T-316 of 2018"
the court defined surrogacy as "the implantation of fertilized eggs in a womb other than the biological mother"
With that in mind, Colombia's jurisdictional system has recognized surrogacy as an alternative reproductive technique valid in Colombia. However, the process in which surrogacy takes place has been constructed through experience and with the legal support of civil family lawyers that draft the several contracts and develop different legal procedures needed to procure a safe and legal surrogacy. These contracts vary in their content, since so many parties are involved in the birth of a child, contracts with the fertility clinic, the health insurance institution and the gestational carrier will be necessary.
The following are the 5 steps to start a surrogacy procedure in Colombia:
STEP 1: Finding legal representation, Surrogacy attorneys in Colombia
Surrogacy, not only in Colombia but in every country, is a process that requires legal advice and support from an attorney. Even though initially the fertilization process and the implantation on the womb may seem strictly scientific, the consequences of bearing a child with a gestational carrier require legal contracts, agreements, juridical registers, legal tools, and judicial procedures.
The lawyer or firm that supports the intended parent(s) is in charge of drafting all the legal documents needed for the surrogacy process. Besides, they would also be in charge of following up the surrogate's contractual obligations in order to protect the interests of the future parent(s). This implies the verification of agreements and negotiations for a healthy gestation and permanent care by the surrogate.
AGT Attorneys has expert surrogacy lawyers in Colombia, and we can answer all your questions, contact us today.
STEP 2: Search of a surrogate
One key component of the surrogacy process is the selection of an adequate gestational carrier. Bearing the child and going through all the medical procedures will be the main goal of the woman who lends her womb. Due to the key role this gestational carrier plays in the process, her selection process must need to be meticulous.
By the client: the surrogate mother could be a relative of the intended parent(s). This occurs due to proximity and feeling of safety for the intended parent(s).
By lawyers: when hiring an attorney to represent the intended parent(s) a component of their obligations could be to look for the agencies or clinic that offer the service of selecting gestational carriers.
By agencies: by going directly to an agency specialized in the selection process of ideal candidates. Looking for an agency works both ways, for the gestational carrier looking for intended parent(s) and the intended parent(s) to find the woman that will carry their child.
By the clinic: when paying the medical fees offered by a clinic, the plans may include the selection process of a gestational carrier.
Some of the characteristics that a woman who aspires to be a gestational carrier should include: being between the ages of 25 to 35, outstanding physical and psychological health, to have already been mother of a child and so many others that may arise during the medical examinations.
Even though there are several ways to find and select the ideal woman to be a gestational carrier, the search generally happens through these channels and is recommended through these options:
STEP 2.1: Legal contracts with the surrogate.
In the process of surrogacy in Colombia, the legal services also aspire to achieve a safe and legitimate practice. For example, legal contracts with the clinics and/or agencies will play a key role when purchasing the different plans they have to offer. Consequently, the most important legal process to happen in a surrogacy procedure will be the one with the gestational carrier.
As the gestational carrier of the unborn child, the woman who lends their womb will need to sign different agreements and legal documents to move forward with the surrogacy. Most importantly, the process of regulating the rights before the surrogate mother and the maternity contest, will all maintain established in the legal contracts signed beforehand. This will be specifically needed to avoid any legal dispute that may affect the surrogate process and the rights of the minor.
Within this phase, the following legal proceedings may be filed:
- Impugnment of maternity.
- Regulation of the rights of the surrogate mother.
- Regulation of the rights of the minor.
- Birth register of the minor.
- Migratory processes.
STEP 3: Surrogacy Clinic selection
Intended parent(s) will face the decision of choosing a surrogacy clinic when starting their process. The relevance of a surrogacy clinic comes in hand for the several services and connections that they offer.
Some of the most important services offered by them and needed for a safe and legal surrogacy include:
- Connections with gamete banks
- Medical testing for intended parent(s) and gestational carrier
- Fertility medication
- Necessary ultrasounds during pregnancy
- Preservation or thawing of eggs
Surrogacy clinics vary from the medical services they offer, their quality and their prices. Even though their final objective is the same, which is to gestate the child until birth in the safest way possible, they offer different options and plans taking into account the budget held by the intended parent(s).
These are the budgets offered by the clinics:
All the clinics shown in the comparative chart attend to the various needs of our clients, the intended parent(s).
The number of services included in the plans vary in each clinic and that affects the price shown as the final budget. However, bear in mind that all the surrogacy plans have one thing in common: looking for a full gestation of the child through a safe and legal surrogacy.
If you are interested in starting your own family through the process of surrogacy and have any questions on the plan offered by the clinics showed beforehand, don't hesitate to contact us in AGT Attorneys through our WhatsApp number: +57 310 5706331
or leave a message in the Contact Form
located on this page.
Our lawyers are qualified and prepared to offer you legal advice regarding surrogacy in Colombia and advise you in the path of choosing the best clinic suited to your needs and specific case.
STEP 4: Follow-up of the obligations undertaken by the surrogate and the clinic during the gestational stage.
At this point in the surrogacy process, legal contracts have been signed with the gestational carrier and the surrogacy clinic, leading to obligations between the parties (intended parent(s)). The obligations beforehand, that are contained in a legal document with binding force, need to be fulfilled entirely by the contracting parties.
Each contract will include specific obligations that the parties have to abide with, including the intended parent(s), the clinic and/or agency, and the gestational carrier. Some obligations, who depend entirely on the legal documents drafted, could include the following:
- Verification of personal and clinical care by the gestational carrier.
- To ensure the proper gestation of the child by the gestational carrier.
- Corroborate the clinical treatments are being performed on the gestational carrier.
- Attest the medical procedures are done on the intended parent(s).
- Delivery of the newborn child to the intended parent(s) once the childbirth has taken place.
As mentioned before, the contractual obligations will depend on the drafting of the legal contracts and documents between the parties. As a result, a lawyer who drafts and watches the enforcement of such legal documents will be key to perform a safe and legal surrogacy in Colombia. Additionally, with the presence of a lawyer, any dispute that may arise from the surrogacy treatment will be represented by the chosen attorney in order to protect the rights of all the parties involved and most importantly those of the child.
STEP 5: Regulation of rights, civil registry, and immigration procedures.
Colombia is one of the best destinations to perform surrogacy, if not the best due to our competitive prices, excellent legal experience and quality of medical treatments. As a result, many intended parent(s) from different nationalities choose Colombia as the country of choice for their surrogacy procedures. Consequently, this leads to a considerable amount of paper work in civil registration and immigration procedures.
At the end of the pregnancy, once the child is born, the first issue to determine is civil registration of the child. In this sense, it is imperative to include in the birth certificate the intended parent(s) as the legal guardians of the newborn child. This process of the regulation of the minor's rights must be done with the utmost care, accompanied by an attorney, to protect the rights of all the parties involved but most important of the child.
As mentioned above, most intended parent(s) may be nationals from other countries different from Colombia. When this is the case, an immigration process to legally allocate the child to the national residence of their parents should take place, starting with a grant of permission to exit of the minor.
All of these legal procedures are essential to finalize the surrogacy process in Colombia in a safe and legal way, respecting the rights of all the parties involved.
Are you searching for personalized legal advice on the process of surrogacy in Colombia?
Colombia has become one of the top destinations for performing surrogacy, if not the best. Colombia's competitive prices, excellent legal experience and quality of medical treatments have positioned the country as the ideal site for surrogacy procedures around the world.
In AGT Attorneys we have a great team of experts in Family Law fully capable to provide exceptional legal services and guidance regarding surrogacy in Colombia. Our professionals are trained to manage contractual issues, supervision, follow-up and civil procedures required to conduct a legal and safe surrogacy. In AGT Attorney, our lawyers will accompany the intended parent(s) from the beginning till the end of the process.
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, schedule your legal appointment with our lawyers through the following link or contact us at +57 310 5706331
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