Surrogacy in Colombia

Surrogacy in Colombia: Learn about the legal framework, costs, and process for intended parents seeking surrogacy in Colombia.

Surrogacy in Colombia

What steps are involved in the Surrogacy process?

The surrogacy process involves several stages, from initial consultation to post-birth legal arrangements. Here’s an overview of the steps typically involved in gestational surrogacy:

      1. Initial Consultation with your surrogacy agency and Fertility Specialist
      2. Legal Agreements
      3. Sperm Collection
      4. Ovarian Stimulation (if the donor is used or of the intended mother) and Egg Retrieval, Fertilization, and Embryo Creation:
      5. Medical Screening and Embryo Transfer to the surrogate
      6. Pregnancy Confirmation and Prenatal Care
      7. Birth of the Child and Post-Birth Legal Arrangements

How does the surrogacy process work?

Although gestational surrogacy requires solid legal and medical expertise it is the best family-building option for LGBTQ. In the case of the surrogacy journey for Gay parents, embryos are created in a laboratory at a fertility clinic using the biological materials of the intended parents (either one or both) and an egg donor, and then a carefully matched surrogate carries the baby to term.

Intended parents are spending a lot of time on research to select a gay-friendly destination for their international surrogacy journey. The legal frameworks of countries where surrogacy is legal are constantly changing, making tracking a bit challenging.

Key steps you need to know if you plan your surrogacy journey in Colombia

Surrogacy in Colombia

Surrogacy programs in Colombia

  • Live birth egg donation surrogacy– the form of surrogacy journey when you create embryos with donor oocyte and own sperm, and you have unlimited embryo transfer attempts until there is a live birth of your baby.
  • Own egg and sperm surrogacy- in this case, your biological materials are used to create embryos via the IVF cycle. The embryo will be transferred to a surrogate and usually number of embryo transfers per package is limited to 3.  Before starting your own egg and sperm surrogacy journey, you will need to run several tests and the doctor plans your visit to Georgia to start ovarian stimulation and preparation for egg retrieval.
  • Frozen embryo shipped surrogacy- in this type of surrogacy journey embryos are shipped to Georgia for surrogacy journey from different countries and transferred to a surrogate. Shipping has its own paperwork, which is time-consuming, and with the support of the GS consulting legal team, it is manageable. Once embryos are safely reached the clinic we need time to match you with a surrogate. We are accepting PGT-A and non PGT-A embryos (genetically tested) but we are not accepting day 3 embryos.
  • Double-journey surrogacy (program with 2 surrogates)- this program includes 2 surrogate matching for your journey in Georgia. This is not a popular program in Georgia but if Intended parents have enough embryos and are willing to have 2 surrogates, this can be organized. However, we always inform parents that there may be a substantial gap between pregnancies, and despite attempts to have parallel transfers still in advance it is unknown when the first or second pregnancy will be achieved It means parents need a lot of patience with this type of surrogacy journey.
  • HIV + patients are possible but have an extra charge– we are welcoming HIV+ Intended parents to start their surrogacy journey in Georgia. HIV is no longer considered a contraindication for IVF treatment. The only requirement we have is that the Intended parent’s HIV load should be zero in a consecutive 2-year testing period. The test must be repeated here in Georgia and if all parameters are in the range we can start the process. Some clinics are requesting additional sperm washing and if that is the case extra cost applies to this service, Furthermore, you have to be ready the surrogate will need extra compensation too.

Surrogacy law in Colombia

  • Surrogacy by Natura is Altruistic in Colombia and only gestational surrogacy is allowed.
  • The National Constitution of Colombia states in articles 42-6: “Children born in or out of wedlock adopted and procreated naturally or with scientific assistance, have the same rights and duties. The law will regulate responsible offspring.”
  • The legal precedent for including surrogacy proceedings as defined by the Supreme Court Ruling and its Constitutional Court T 968 of 2009 which states: “In the Colombian legal system, there is no express prohibition for the realization of such agreements. However, regarding assisted reproduction techniques, within which the surrogate mother is involved, the doctrine has considered that they are legally legitimized, under articles 42-6 of the Constitution.
  • Colombia’s constitution does not allow discrimination, so all singles, heterosexual couples, and same-sex couples can participate in the surrogacy process as long as there is a genetic link with 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.
Eligible courtiers for intended parents to engage in surrogacy in Colombia

Eligible courtiers for intended parents to engage in surrogacy in Colombia

  • Colombia’s constitution does not allow discrimination, so all singles, heterosexual couples, and same-sex couples can participate in the surrogacy process as long as there is a genetic link with the baby.
  • In case of not being married same-sex or hetero couple court may request documentation proving that the couple is living together. The Medical indication for egg donation and surrogacy is not requested by clinics.

Birth certificate issuing process in Colombia

  • After the baby is delivered, the hospital issues a live birth certificate/birth report.
  • The Intended Parents (IPs) and the Local Lawyer must submit the live birth certificate/ birth report to the civil registry for birth registration. The biological parent must attend the appointment with the baby and the biological parent’s passport (used to enter Colombia) must be presented at the appointment.
  • The final registration is ready within two business days after the appointment.
  • Once completed, the Local Lawyer will notify the IPs to collect the birth certificate. The baby does not need to be present when collecting the document.
  • The surrogate mother’s name is listed on the birth certificate. If the surrogate is married or has a partner, their name will also appear. If she is single, the intended father’s name (or the intended parent’s husband) will be included.
  • The surrogate’s name can be changed or removed from the birth certificate through court proceedings. This process may take up to one year, during which the intended parents do not need to remain in Colombia.

Exit procedure for babies born through surrogacy in Colombia

  • Exit procedure depends on each embassy and the country of residence of the intended parents. Approximately up to 6 weeks from the moment of having the birth certificate until the passport of the baby is available, but as mentioned it highly depends on the embassy process flow.
  • Based on Colombian regulations baby is granted with Colombian passport but it has an extra service fee. Based on the issued birth certificate parents start the process with their embassy. This part of the surrogacy process is managed by the Intended parents, our team can only support them with needed papers. Translation of additional files is up to parents.

Whose egg is used in the surrogacy process in Colombia?

  • Egg donors are anonymous, young women of 21-28 years old, and parents do not know the name, or last name and can not see photos of the egg donor. During your meeting with the doctor, you will have the opportunity to share your preferences regarding the physical traits of the donor and since the donation is anonymous in Colombia, the doctor will carefully select a donor profile that best aligns with your specified requirements.
  • Some intended parents for their surrogacy journey in Colombia, wish to have their relative or friend. This is possible however initially requested tests must be performed to ensure the person fits to an egg donation criterion and this needs to be discussed case by case. The chance that the clinic may decline this request is high.
Surrogate matching period in Colombia

Surrogate matching period in Colombia

  • Surrogate matching begins once we have received euploid (normal) embryos from your IVF cycle or once you shipped your previously created embryos to Bogota. Parents often inquire why the matching process takes time and what procedures are undertaken before a surrogate candidate is presented to them.
  • Considering the sensitivity of this aspect process it typically takes 3 to 4 months before we can select a suitable candidate and share her profile via the WhatsApp group or email.
  • Why it takes time is one of the most frequently asked questions from Intended parents, The team matches one-to-one rather than by a waiting list, so the goal is to find the right surrogate considering the expectations that Intended parents may have from the candidate. Initial profiling is the key, which means each candidate should be from 25-38 age (recommended age range based on our and the field experts’ experience), their BMI (Body mass index) should not exceed 28, they should have at least 1 own child, not more than 1 C section, must live in the country (preferable city) where the program is implemented and obviously, they should be approved by a psychologist to engage in this long and emotional journey. Quite a large number of candidates dropping out at this stage.
  • While practicing surrogacy worth considering ethical standards. ESHRE task force has declared the importance of following ethical standards you can check more information.

Does insurance cover surrogacy in Colombia?

  • POS Health Insurance is part of Colombian social security
  • Insurance covers costs associated with delivery and NICU (up to one month)
  • SURA is life insurance

Questions to ask before starting Surrogacy in Colombia

  1. What are the success rates of surrogacy? The success rate of surrogacy depends on the program. With egg donation surrogacy process success rate is higher.
  2. How well is the law regulated? The legal precedent for including surrogacy proceedings as defined by the Supreme Court Ruling and its Constitutional Court T 968 of 2009 which states: “In the Colombian legal system, there is no express prohibition for the realization of such agreements. However, regarding assisted reproduction techniques, within which the surrogate mother is involved, the doctrine has considered that they are legally legitimized, under articles 42-6 of the Constitution
  3. Is the medical team multi-language? Yes, clinics practicing the surrogacy process have multi-language speaking teams, however, the most frequently used language is English.
  4. Is the destination safe? Bogota and Medellin are not the most dangerous cities in Colombia, we would highly recommend following the recommendations of the local team, and further recommendations about apartments for renting will be provided. Here you can find general recommendations https://www.under30experiences.com/blog/guide-to-safety-in-bogota-colombia
  5. Is it affordable to do surrogacy in Colombia? Yes, Colombia is one of the most affordable destinations for your surrogacy journey, however before starting the process please check these 10 things that you need to consider before starting international surrogacy.
  6. What is the feedback from IPs? You can find numerous numbers of feedback from Intended parents since from 2019 many parents completed their journeys in Colombia.
  7. What embassies are in Bogota? There are many embassies available in Bogota however, there are cases when embassies may not be there, please check here diplomatic missions available in Bogota.
  8. Is a Colombian passport granted? Yes, Colombia does grant passports to babies born via the surrogacy process but it is related to extra fees and lawyers’ support is needed.
Surrogacy In Colombia

How much does surrogacy cost in Colombia?

Guarantee egg donation live birth surrogacy Starting at 58000 USD

  • Carrier Genetic Screening (CGT) of the donor for up to 2,000 genes
  • Surrogates aged 25-38, with no more than one C-section, residing in Colombia (please note that GS consulting policy does not support traveling surrogates and has only local surrogates in the programs) and having at least one biological child

Frozen embryo surrogacy is available for 58800 USD

  • Acceptance of PGTA or non-PGTA day 5 embryos
  • Legal team support for the preparation of all necessary documents by Colombian regulations
  • Coordination of procedures with shipping companies
  • Individual and combo shipments are permitted
  • Frozen embryos can be shipped to Colombia for surrogacy, but in the case of oocytes and sperm, import permission takes up to 4-6 months

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