What is Surrogate Motherhood in Colombia?

December 15, 2020

What is Surrogacy in Colombia?

According to the Sentence T-968 of 2009 of the Constitutional Court, surrogate motherhood or "surrogacy" is the reproductive act that generates the birth of a gestated child, by a woman subject to a pact or commitment, by which she must assign all rights over the newborn to another woman who will appear as his mother. Perfect for couples who cannot have childrens or same sex couples.

With the help of this article you will be able to know information related to the legal surrogate motherhood process in Colombia, if you need more information about this legal process, we invite you to schedule an appointment at the following Link or contact our surrogacy lawyers firm through the following contact number: (310) 5706331.

Types of Surrogacy in Colombia:

Surrogay in Colombia is a high-level biomedical procedure of assisted human reproduction that can be performed in two ways:

• In vitro fertilization, by which the embryo is formed in a laboratory with the ovum and the respective sperm, and then transferred to the uterus of the surrogate woman.
Artificial insemination, an ovum donated by the surrogate woman would be fertilized by the semen of a donor or the biological father, introduced directly into her womb by medical procedures.

This activity can be carried out in Colombia, in the next two ways:

• Partial surrogacy, where the surrogate woman only offers her womb.
  
• Total surrogacy, where the surrogate woman offers her womb and ovum.

Likewise, surrogate motherhood can be given in another two ways, lucrative or altruistic. Profitable surrogacy occurs when the pregnant woman will request remuneration from the partner she wishes to conceive and altruistic surrogate motherhood is when for social reasons the mother wishes to carry out this activity due to ties of love, friendship, or kinship with the contracting partners.

Surrogacy in the World

Surrogate Motherhood in countries like Germany, France, Spain, China, is prohibited, for reasons where the surrogate mother is exposed to physical, psychological, emotional and legal demands for a long time. From another perspective, it allows couples who cannot conceive children, even in cases of same-sex couples.

In England, the United States, Canada, and India these practices are legal, with some requirements for the contracting parents. In Colombia, it's a controversial practice, due to the fact of the exploitation of the woman's body, the trade of the belly as if it were an "incubator" and other reasons that go against this activity. But despite this, it allows the Colombian medical technological advancement, also allows women to do with her body what she wants and is an alternative for parents who want to have children and they can't for any reason.

Our law firm will be able to help with you in all the legal part of your surrogate motherhood or surrogacy process, in cases such as the development of a surrogacy contract, civil registration of the child, newborn immigration processes, maternity challenges, lawsuits, or other legal processes associated with the "belly for rent".

What is the Colombian Surrogacy Legal Framework?

Although in Colombia there have been legal projects, with the object of making a prohibition or sanction of surrogate motherhood activities. These decrees have not yet been approved by the Colombian Congress.

That is why the rental of a womb or surrogate motherhood is still within the legal limits in Colombia, to have this alternative of having children. The law that regulates this matter is Sentence T-968 of 2009 of the Constitutional Court.

From a legal point of view, this activity should have a regulated and safe, legal framework, where surrogacy women are protected against any abuse or excessive trade in labor in the black market. Also, protect the future baby and that he or she can lead a life in optimal conditions. Also, regulate equal access to surrogate motherhood, so that people who do not have the same resources as people from higher social class, can access this alternative in case of not being able to have children. Contact our law firm at the next WhatsApp number: (310) 5706331.

Legal Surrogacy Procedures in Colombia:

Surrogacy in Colombia, depending on the case, may involve several legal variables such as:

• Surrogate Motherhood Contract, Where all the characteristics of the process are detailed (names of those involved, payments and forms of payments, food during pregnancy, medical expenses for childbirth, restrictions, actions in case of possible inconveniences, among others)
• Civil Registry, To be able to legally register the newborn of the respective parents.
• Maternity Challenge, Which is not a common process in family law, but it applies perfectly to this case and avoids future inconveniences.
• Minor's Exit Permit, In the event that the newborn is from a foreigner couple and wishes to carry out the nationalization processes in another country.
• Lawsuits, In the event that the surrogate mother incurs in any restriction established in the contract.

"Pros and Cons" of Surrogacy in Colombia:

Before explaining the advantages and disadvantages of surrogacy, it is important to be aware that surrogacy should not be considered a trend or for "conserving aesthetics", it should be treated with respect, and be a resource for those who wish to ensure their offspring or create a new family. The advantages of being able to have a "belly for rent" would be that:

• It allows the couple to be the parents of a newborn biologically theirs.
• It's an alternative for couples who cannot have children due to infertility or same-sex couples.
• Laws in Colombia do not prohibit this practice.
• It's a process that can be faster than adoption.

The disadvantages of the "belly for rent" would be:

• It's a process that requires commitment and demands for the pregnant woman, both physically and emotionally for a long time.
• It's an expensive legal, medical, and social process.
• The pregnant woman can change her mind. Our law firm will help you to establish a legal document for any kind of issue that may occur in the process, write to us in the next Contact Form.
• If the baby will be born in another country other than Colombia, there may be legal restrictions in the destination country to civilly register the minor.

How Much Does Surrogacy Cost in Colombia?

A legal surrogacy process in Colombia may cost approximately: between 20,000 USD to 60,000 USD

There are countries where surrogacy is a success and cases in specialized hospitals in this area are increasing, which in some countries is a great benefit to the increase in the birth rate.

Do you Need Surrogacy Lawyers in Bogota?

At AGT Abogados S.A.S. We have the best team of family lawyers ready to advise you on any detail you may have about surrogate motherhood in Colombia. Write us by WhatsApp at the following number: (310) 5706331, we invite you to request legal advice in the following Contact Form, call us at the following number: +57 310 5706331 or make the payment of your personalized advice either by phone, in person or address in the following link.

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