The Headlines Say Colombia Is Closing to Surrogacy. Here's What's Actually Happening
If you've been researching surrogacy in Colombia recently, you've probably seen headlines saying Colombia wants to ban surrogacy, or that it's "closing its doors" to international parents. If you've already started your journey there, headlines like that can be really frightening.
So let me start with the short answer, and then explain everything in plain language.
Surrogacy in Colombia has not been banned. One bill that would ban it is currently in Congress, but it is at a very early stage. Separately, there is one change that is already in force, and it affects anyone shipping embryos to Colombia. That second point gets far less attention, but for many international parents it matters more right now.
Here's what's going on.
First, where things stand today
Colombia has never had a specific surrogacy law. Surrogacy is permitted based on the decisions of the Constitutional Court, starting with the landmark 2009 ruling T-968. Courts have filled the gap that Congress left. I explain how this works in detail in my guide to surrogacy laws and prices in Colombia, so I won't repeat it all here.
What's worth knowing for today's topic: in 2024, the Constitutional Court once again urged Congress to regulate surrogacy. In other words, the Court has asked Congress for rules. What Congress has produced since then is a mix of bills, and some of them would ban surrogacy instead of regulating it.
None of those bills has changed anything so far. Heterosexual couples, same-sex couples, single fathers and foreigners can still pursue surrogacy in Colombia exactly as before. (As before, programs are not available to single women.)
Why "a bill was filed" doesn't mean "surrogacy is banned"
This is the part most headlines skip, and it's the key to understanding the whole situation.
In Colombia, any group of legislators can file a bill. Filing one is easy. Turning it into law is hard. A bill must:
Be assigned to a committee, which appoints rapporteurs (ponentes) to study it
Pass a vote in that committee (the "first debate")
Pass a vote in the full House of Representatives
Go through both of those steps again in the Senate
Be signed into law by the President
Colombia also has strict deadlines. A bill that doesn't make enough progress within the legislative year is automatically archived, and it's as if it never existed.
That's exactly what has happened to surrogacy bills again and again. Colombia has seen more than a dozen of them over the past two decades, and none has become law.
The bills of 2025 and 2026, one by one
Here's a simple overview of the most recent ones, since these are the bills behind the headlines.
Bill 046/2025C: regulate, not ban (archived)
Filed in July 2025, this bill proposed regulating surrogacy under an altruistic model: commercial surrogacy would be prohibited, but surrogates would be compensated for certain expenses and protected by law. It was a refiled version of an earlier bill from March 2025. Both were archived without becoming law.
Bill 131/2025C, "Ley Vientres Libres de Alquiler": ban it (archived)
Also filed in July 2025, this one went in the opposite direction. It proposed prohibiting surrogacy in Colombia and creating a new criminal offence for anyone who promotes, facilitates, finances or advertises it. It got as far as a rapporteur's report, but it never reached a committee vote, so it was archived in June 2026.
Bill 052/2026C: ban commercial surrogacy (withdrawn)
Filed on 22 July 2026, this bill proposed prohibiting commercial surrogacy and the agencies, recruitment and advertising around it. Its author withdrew it within weeks.
Bill 215/2026C: ban surrogacy entirely (currently in Congress)
This is the bill behind the latest headlines, and it's the one worth watching.
What this means for you
If you're still considering Colombia
You don't need to rule Colombia out because of the headlines. But I would build the uncertainty into your planning:
Ask any agency you speak with how they are following the legislation. Ask them what their contingency plan is if the law changes. A good agency will have a clear answer. A vague "don't worry about it" is a red flag.
Read the contract clauses on legal changes before you sign. What happens to your payments if a program can't continue? Is there a refund, a transfer to another country, or nothing at all? (I've written about what to do when an agency folds, and the same logic applies here.)
Keep an eye on the first committee vote on Bill 215. It's the first real signal of whether this bill has momentum. I'll be watching it too.
If you've already started your journey
I know this is the situation that causes the most anxiety, so let me be clear: as of today, nothing in your legal position has changed. A bill is not a law, and this one hasn't passed a single vote.
That said, because the bill as written has no transition period, it's sensible to prepare instead of simply hoping:
Talk to your Colombian lawyer now, not later. Ask how your arrangement is documented and what options you'd have if the law changed during your journey.
Ask your agency directly how they would handle a change in the law while a surrogate is already pregnant.
Don't make rushed decisions out of panic, like shipping embryos early or signing up for extra cycles you weren't planning. Hasty moves tend to create more problems than they solve.
The change that is already in force: shipping embryos to Colombia
While most of the attention has gone to the bills, a quieter change has already taken effect, and it directly affects many international parents.
In September 2025, Colombia's Ministry of Health issued Circular 030 of 2025. It sets out the rules for bringing sperm, eggs and embryos into and out of Colombia for fertility treatment. In plain terms:
Only authorized clinics can do it. Embryos must be received by a Colombian healthcare institution licensed for assisted reproduction.
The clinic must verify the paperwork. This includes donor consent and confirmation that donors were selected according to Colombian requirements.
The clinic must confirm that the arrangement doesn't violate Colombia's human trafficking laws.
Embryos must be transported at -196°C, meaning in proper cryogenic shipping containers.
Every shipment must be reported to INVIMA, Colombia's health regulator, within 24 hours. The report includes details such as the institutions involved, the type of material, identification codes, quantity and the technique used.
This matters most if you're following a hybrid surrogacy path, where your embryos are created in a clinic abroad (often in Europe) and then shipped to Colombia for transfer. It's a popular option for good reasons, but it means shipping embryos is no longer just a courier booking. It's a regulated step, and the paperwork needs to be ready before your embryos leave.
Before you ship, I'd make sure you can answer these questions:
Is the receiving clinic in Colombia authorized, and are they familiar with Circular 030?
If you used donor eggs or sperm, does your origin clinic have the donor consent and selection documents the Colombian clinic will need?
Has the Colombian clinic confirmed in writing that the documents are acceptable?
Who is responsible for reporting the shipment to INVIMA, and have they done this before?
Is your courier experienced with cryogenic shipments to Colombia specifically?
In my experience, problems don't come from the rules themselves. They come from two clinics in two countries each assuming the other one has handled the paperwork.
My honest take: changing, but not closed
Colombia is going through a period of real legislative debate about surrogacy, and I won't pretend otherwise. Bill 215/2026C is the most sweeping proposal so far, and it deserves attention.
This is very different from what happened in Kazakhstan, where the law really did close the door to international surrogacy.
But three of the four recent bills have already been archived or withdrawn, the current one hasn't passed a single vote, and Colombia's highest court has consistently asked for regulation rather than a ban. What has actually changed is the more careful oversight of embryos entering the country, and that can be handled with good preparation.
So my advice is not to panic, and not to ignore it either. Do your due diligence. Separate what the law says today from what has only been proposed, and make sure the people you're working with are doing the same.
Need help making sense of your situation?
As an independent consultant, I don't work for any agency or clinic. My only job is helping intended parents make clear, informed decisions.
If you're still exploring whether Colombia is right for you, book a free Clarity Call. In 30 minutes, we'll look at which countries may or may not work in your case, the early red flags to watch for, and your sensible next steps. There's no sales pitch, and I'll send you a short written summary afterwards.
If you're already working with an agency or clinic in Colombia and the recent news has raised questions, Focused Guidance is a one-hour, one-on-one consultation. We can go through your contract, your embryo shipping plans or your agency's contingency plans, and I'll give you an unbiased second opinion. The fee is €190, and it's deducted from the total if you later choose a Safe Start or Full Support package.
This article provides general information and is not legal advice. Colombian legislation and administrative requirements can change, and the status of the bills described here reflects the official congressional record as of September 2026. Please obtain up-to-date advice from qualified legal professionals before making decisions about your surrogacy journey.
