Everything You Need to Know About Surrogacy Laws and Prices in Colombia for 2O26

Colombia is widely seen as one of the most accessible surrogacy destinations in the world. It is open to same-sex couples, single parents, and international intended parents, which makes it especially attractive to families who may face restrictions elsewhere.

At the same time, surrogacy in Colombia still operates without a single, comprehensive law. Instead of one clear legal framework, the system has developed through court decisions. Since 2009, the Constitutional Court has issued more than 16 rulings that shape how surrogacy works in practice. Meanwhile, despite numerous attempts, Congress has not yet passed a dedicated surrogacy law, even though more than 16 bills have been proposed over the past two decades.

This legal landscape creates both opportunity and uncertainty for intended parents. On the positive side, surrogacy is widely practiced and supported by experienced fertility clinics and strong medical care. On the other hand, legal details can evolve, sometimes quickly, and families need to stay informed.

Despite these evolving rules, Colombia remains a popular choice for surrogacy because of its medical expertise, accessible system, and inclusive approach to different family types. 

That said, because both legal interpretation and costs can change, it is important to review the most up-to-date legal and pricing information when planning a surrogacy journey in Colombia in 2026.

Colombia's surrogacy legal framework relies entirely on court precedent

Surrogacy in Colombia exists largely because it is not prohibited by law. Under the Colombian constitutional principle that anything not explicitly forbidden is allowed, surrogacy has developed through court decisions rather than through one clear statute.

The most important foundation is a 2009 Constitutional Court decision, known as Sentencia T-968 de 2009. This ruling set out a series of guiding principles that still shape how surrogacy works in Colombia today. While it did not create a formal surrogacy law, it established boundaries that courts and clinics continue to rely on.

In practical terms, these principles mean that only gestational surrogacy is permitted, with no genetic link between the surrogate and the child. Surrogacy is expected to be altruistic rather than commercial, with limited reimbursement rather than open payment. At least one intended parent must contribute genetic material, and surrogates must be adults who have previously had children and who give fully informed consent.

Over the years, the Constitutional Court has repeatedly reaffirmed these principles, while also highlighting areas where regulation remains unclear. In 2024, several rulings drew attention to the real-world consequences of these gaps.

One case addressed serious documentation problems when a child born through surrogacy to a U.S. citizen encountered citizenship and paperwork difficulties after the surrogate’s name was removed from the birth certificate. The court ordered better institutional coordination, including the creation of a national tracking system for surrogacy cases and improved training for government officials handling these situations.

Another 2024 ruling intervened to prevent a child from becoming stateless. In that case, a child born to a Ukrainian intended father and a Colombian surrogate was granted Colombian nationality to ensure legal protection and identity.

Later in 2024, a family court in Bogotá issued a decision that caused concern among intended parents and professionals alike. The court refused to remove a gestational surrogate from a child’s birth certificate and recognized her as a legal parent, even though she had no genetic connection to the child. The ruling introduced the concept of pluriparentalidad, a legal concept that means a child can have more than two legally recognized parents at the same time, in a surrogacy context.

This case involved a Danish intended father and was based on the court’s conclusion that the arrangement did not comply with the original 2009 criteria. The court pointed to the use of a compensated surrogate and an anonymous egg donor as reasons for its decision. While this ruling may still be appealed and does not automatically apply to all cases, it does signal that courts may scrutinize arrangements more closely when they believe established principles have been violated.

At the same time, Colombia remains legally inclusive in important ways. Same-sex couples have full access to surrogacy following the country’s marriage equality decision in 2016. Single individuals may also pursue surrogacy, provided they contribute genetic material.

For international intended parents, there are currently no residency requirements under existing legal precedent. Although a 2023 bill proposed requiring foreign intended parents to live in Colombia for three years, that proposal did not pass and is not in force today.

Overall, Colombia’s surrogacy landscape continues to offer openness and access, but it also requires careful legal planning. Because outcomes depend heavily on how arrangements are structured and documented, working with experienced medical and legal professionals remains essential for intended parents navigating this path.

Agency oversight remains virtually nonexistent

One of the biggest structural challenges in Colombian surrogacy, like in majority other international surrogacy destinations, is the lack of formal oversight of surrogacy agencies. There is currently no licensing, registration, or accreditation system specifically for agencies that arrange surrogacy matches or manage surrogate relationships.

In practice, this means agencies operate without direct government supervision. The Ministry of Health of Colombia regulates fertility clinics under general healthcare quality standards, but it does not oversee individual surrogacy arrangements, agency contracts, or day-to-day agency practices. Clinics providing IVF are regulated as medical providers, but the broader surrogacy process sits outside that regulatory framework.

For intended parents, this creates an important distinction: medical care is regulated, but agency conduct largely is not.

In November 2025, an investigative report by La Marea highlighted how this gap plays out in reality. The investigation found a significant disconnect between Colombia’s legal expectation of “altruistic” surrogacy and how many arrangements function in practice.

According to the report, surrogate compensation can reach amounts equivalent to up to twice the annual minimum wage, often structured in ways designed to avoid being labeled as payment. Most agencies operate through the “charity foundation” system where payments to the surrogate are made through a charitable foundation acting as an intermediary.

Some contracts with the surrogate reportedly included restrictive clauses, such as limits on travel or conditions related to pregnancy termination that conflicted with Colombia’s 2022 abortion decriminalization framework. 

The investigation also found that in some cases, former surrogates were paid to act as informal recruiters, identifying and contacting potential new surrogates through social media rather than through transparent, regulated channels. This practice is quite typical in many surrogacy destination setups.

The absence of agency oversight does not mean surrogacy in Colombia is unsafe, but it does mean that the quality, ethics, and legality of agency practices can vary widely. Intended parents cannot rely on government licensing as a safeguard and must instead rely on careful due diligence, independent advice, and clear contractual protections.

Choosing experienced surrogacy consultants and understanding how compensation, consent, and surrogate support are structured is especially important in a system where agencies are not formally regulated.

Costs range from $5O,OOO to $85,OOO with 2O26 increases

Total surrogacy costs in Colombia for 2025-2026 typically fall between $50,000 and $85,000 USD in 2026. Pricing has increased due to heightened global demand, and higher costs dictated by agencies and clinics.

Typical cost components include:

• Agency/consulting services: $10,000-$20,000 for case management,coordination

• Surrogate recruitment and administration: $5,000-$10,000 for preliminary evaluation, matching, etc.

• IVF and medical procedures: $20,000-$25,000 for IVF/ICSI, embryo transfer, medications, monitoring, birth

• Surrogate compensation and care: $20,000-$25,000 across three trimesters for prenatal care, insurance, delivery, and "indemnification"

• Legal services: Included in package or $5,000-$8,000 additional

Guaranteed success programs offering unlimited IVF cycles until live birth can be more expensive, and additional cost is added for programs requiring egg donors from international sources. 

Medical requirements follow established fertility industry standards

Medical screening and eligibility requirements for surrogacy in Colombia generally follow well-established fertility industry standards. These criteria are guided by principles set out by the Constitutional Court of Colombia and are consistently applied by reputable clinics.

Surrogates are typically required to be between 21 and 37 years old, to have had at least one healthy prior pregnancy, and to have no more than two previous cesarean sections. They must undergo thorough medical and psychological evaluations and have no medical conditions that would make pregnancy unsafe. These requirements are designed to protect both the surrogate’s health and the wellbeing of the child.

Fertility clinics conduct standard medical testing, including blood work, infectious disease and STI screening, gynecological examinations, and psychological assessments. Some agencies also include background checks and, in certain cases, home visits as part of their screening process.

Intended parents are also required to complete medical testing. This usually includes full infectious disease screening, fertility evaluations, and legal background checks. While national law does not set a strict age limit, some agencies apply their own guidelines, often setting a maximum intended-parent age around 55. Colombian practice also requires that at least one intended parent contribute genetic material. Arrangements involving both donor egg and donor sperm together (double donation) are not permitted.

Colombian fertility clinics generally report IVF success rates ranging from approximately 40% to 65% per cycle, depending on factors such as age and medical diagnosis. These outcomes are comparable to international standards at similar clinics. Some clinics/agencies offer so-called “guarantee programs,” where intended parents pay a fixed fee that covers multiple IVF cycles and embryo transfers until a live birth is achieved. While these programs can provide financial predictability, their terms vary and should be reviewed carefully.

Egg donation in Colombia must be anonymous by law. However, intended parents are typically given access to detailed donor profiles, which may include information such as age, physical characteristics, education level, medical history.  Access to photographs of egg donors is illegal in Colombia, although some agencies find ways to circumvent this restriction.

Hybrid Surrogacy Pathways

Due to legal restrictions on showing egg donor photographs and the limited availability of egg donors with certain physical characteristics (such as blond hair or blue or green eyes), many agencies operating in Colombia now offer so-called hybrid programs for surrogacy.

Under these programs, embryos are created at different clinics in Europe and then shipped to Colombia for the surrogacy process. This pathway has become increasingly common among European intended parents and offers several advantages, including the absence of a need to travel to Colombia for sperm donation and access to Caucasian egg donors with rarer physical features. However, hybrid programs also have disadvantages, most notably the additional cost associated with embryo shipment and the waiting time required to arrange and complete the shipping process.

Birth Registration and Exit Process in Colombia

After the baby is delivered, the hospital issues a live birth certificate (also referred to as a birth report). The Intended Parents (IPs), together with the local lawyer, must submit this document to the civil registry to complete the official birth registration.

The biological parent is required to attend the civil registry appointment with the baby. At this appointment, the biological parent’s passport, the same passport used to enter Colombia, must be presented. Once the appointment has taken place, the final birth registration is typically completed within two business days.

After registration is finalized, the local lawyer will notify the Intended Parents when the birth certificate is ready for collection. The baby does not need to be present when the birth certificate is collected.

Under Colombian law, the surrogate mother’s name appears on the birth certificate. For this reason, it is important to work with a single surrogate. If the surrogate is married or has a registered partner, their name will also appear on the birth certificate. If the surrogate is single, the intended father’s name (or the intended parent’s husband) will be included.

Colombian law provides for birthright citizenship, meaning that a baby born in Colombia is eligible to receive a Colombian passport. This process is generally fast, although it involves an additional administrative procedure.

How independent guidance can help when considering surrogacy in Colombia (2O26)

Given Colombia’s evolving legal environment, limited agency oversight, and increasingly complex post-birth procedures, many intended parents choose to seek independent, non-agency guidance before committing to a program.

Olga Pysana is an international, independent surrogacy consultant who supports intended parents navigating destinations like Colombia, particularly where laws are shaped by court precedent rather than clear legislation.

Rather than representing clinics or agencies, independent consultants like Olga work solely in the interest of intended parents. This can be especially valuable in Colombia, where agencies are not licensed or regulated and where legal outcomes depend heavily on how each arrangement is structured.

For families considering surrogacy in Colombia in 2026, independent support may include:

• Pre-decision risk assessment

  Helping intended parents understand how recent changes around birth-certificate practices, and citizenship rules may affect timelines, costs, and legal security, before any contracts are signed.

  
  

• Agency and clinic due diligence

  Reviewing how agencies operate in practice, how compensation is structured, whether they are trustworthy, professional, and reliable, and whether they have a strong on-the-ground presence.

  
  

• Agency Package Review

  Evaluating the costs, payment structures, and any potential hidden fees to ensure transparency and help intended parents make informed decisions.

  
  

• Support Through Trusted Professionals

  Connecting with a trusted network of professionals, from legal advisors in multiple jurisdictions to fertility clinics and specialized embryo shipping courier companies, to provide comprehensive support to intended parents throughout the process.

  
  

• Country-specific exit and citizenship planning

  Helping families anticipate their potential exit strategy early, whether for the U.S., UK, Spain, or other countries, so post-birth delays or surprises are minimized.

  
  

• Ongoing monitoring of legal changes

  Interpreting new court decisions or proposed legislation as they emerge, and explaining what they actually mean for intended parents in practical terms.

  
  

In a system where rules are evolving, agencies are unregulated, and timelines are no longer predictable, independent guidance can help families make informed decisions, ask the right questions, and avoid preventable risks.

For intended parents considering Colombia in 2026, the goal is not just access, but clarity, legal security, and realistic expectations from the very beginning.

Conclusion - planning for clarity, not just access

Colombia remains one of the most accessible surrogacy destinations globally, especially for same-sex couples, single parents, and international families. Its strong medical infrastructure, experienced fertility clinics, and inclusive approach continue to make it an appealing option in 2025–2026.

At the same time, this article shows that surrogacy in Colombia cannot be approached as a simple or standardized process. The absence of a comprehensive law, increasing judicial scrutiny, evolving birth-registration practices, unregulated agencies, and complex international citizenship rules all mean that outcomes depend heavily on preparation, structure, and timing.

For intended parents, the key takeaway is not that Colombia is unsafe or unworkable, but that it requires more intentional planning than ever before. Understanding how court precedent operates, how costs are structured, how agencies function in practice, and how post-birth documentation works for your specific country is essential.

Families considering surrogacy in Colombia in 2026 should focus not only on affordability or availability, but on legal clarity, ethical safeguards, and realistic timelines. With the right information and independent guidance, Colombia can still be a viable and successful path to parenthood, but only when entered with eyes fully open.