Bogotá Surrogacy Contract Scandal: What Intended Parents Should Never Accept in a Colombia Surrogacy Agreement
A 2026 Colombia Surrogacy Warning for International Intended Parents
A surrogacy contract is supposed to protect intended parents, the gestational carrier and the future child.
But what happens when the contract itself becomes the source of risk?
Recent disclosures from the Bogotá City Council and Colombian media have brought renewed attention to controversial surrogacy agreements being used in Bogotá.
The controversy matters not only to surrogate mothers.
It should concern every international intended parent considering surrogacy in Colombia.
An excessively aggressive contract does not necessarily give intended parents more protection. In a country without a comprehensive national surrogacy statute, clauses that attempt to remove fundamental rights from a pregnant woman may actually make the entire arrangement more vulnerable to later legal challenges.
For intended parents, the lesson is simple:
A stronger Colombia surrogacy contract is not the contract that gives intended parents the most control. It is the contract most likely to survive medical, ethical and legal scrutiny.
What Happened in Bogotá?
In July 2026, Bogotá City Council member Tata Hernández publicly presented a gestational-surrogacy agreement as part of a broader debate over Colombia’s regulatory gap.
Caracol Radio subsequently reported on the contract and interviewed a woman who said she had participated in a surrogacy arrangement.
According to the reporting, the agreement included provisions dealing with the gestational carrier’s renunciation of maternity and transfer of the newborn after birth.
The council member also criticized provisions that, in her view, transferred extensive pregnancy risks to the gestational carrier—including potentially severe complications and death—while limiting responsibility for other parties involved in the arrangement.
The woman interviewed by Caracol Radio alleged that after giving birth she experienced significant medical problems and was largely directed back to her EPS healthcare system for treatment.
These remain allegations and reported contractual concerns. They should not be treated as a final judicial determination against every party involved.
But the controversy exposes a much larger problem facing Colombia surrogacy in 2026:
What can a surrogacy contract legally ask a gestational carrier to give up?
Colombia Surrogacy Contracts Cannot Replace Fundamental Rights
Colombia still does not have a comprehensive national statute regulating gestational surrogacy from beginning to end.
The Constitutional Court has repeatedly recognized this legislative gap.
That does not mean private agencies can simply create their own law through a contract.
A surrogacy agreement exists inside Colombia’s broader constitutional and civil-law system.
That distinction is critical.
A contract can define:
- financial responsibilities;
- pregnancy-related support;
- communication procedures;
- medical coordination;
- confidentiality;
- intended-parent responsibilities;
- gestational-carrier responsibilities;
- emergency procedures;
- and post-birth cooperation.
But signing a contract does not automatically make every clause enforceable.
Red Flag No. 1: Forcing the Surrogate to Waive All Bodily Autonomy
Pregnancy is not an ordinary commercial service.
The gestational carrier remains the patient throughout the pregnancy.
That means medical decisions involving her body cannot simply be transferred to the intended parents through a private agreement.
A responsible Colombia surrogacy contract should therefore distinguish between:
Intended-parent reproductive decisions
These may include decisions involving embryos before transfer and participation in genetic testing or treatment planning.
Medical decisions affecting the pregnant woman
These ultimately involve the gestational carrier and her treating physicians.
Intended parents may participate in discussions.
They may express their wishes.
The contract may establish procedures for difficult medical situations.
But it should not attempt to transform the intended parents into the medical decision-maker controlling another adult’s body.
Red Flag No. 2: A Contract That Attempts to Transfer Every Pregnancy Risk to the Surrogate
Pregnancy carries real medical risks.
These can include:
- hemorrhage;
- hypertension;
- preeclampsia;
- gestational diabetes;
- infection;
- emergency Caesarean section;
- premature delivery;
- thromboembolic complications;
- postpartum complications;
- and, although rare, maternal death.
Informed consent requires these risks to be explained.
But there is an important difference between:
Acknowledging medical risk
and
Using a waiver to eliminate responsibility for how those risks are managed.
A professionally structured Colombia surrogacy program should clearly identify who is responsible for:
- prenatal care;
- emergency medical treatment;
- pregnancy complications;
- medically required bed rest;
- transportation;
- loss of income;
- postpartum complications;
- and expenses that are not adequately covered by EPS.
A disclaimer should never become a substitute for actual medical protection.
Red Flag No. 3: Restricting Where the Gestational Carrier Can Live or Travel
Reasonable pregnancy-safety requirements are understandable.
For example, the parties may agree that the gestational carrier should:
- attend prenatal appointments;
- notify the medical team before significant travel;
- remain reasonably accessible near delivery;
- avoid medically contraindicated activities;
- and follow legitimate obstetric recommendations.
That is very different from giving an agency or intended parents broad control over where an adult woman may live, travel or spend her daily life.
International intended parents should be cautious when they see contract language attempting to impose sweeping restrictions unrelated to a physician’s medical recommendation.
More control does not necessarily mean more legal protection.
It may mean the opposite.
Red Flag No. 4: Threatening the Surrogate With Punishment for Changing Her Mind About Medical Treatment
A gestational carrier should understand before embryo transfer that surrogacy creates serious obligations.
But medical consent remains an ongoing process.
No ethical IVF program should rely on threats to obtain medical cooperation.
If disagreement occurs during pregnancy, the correct escalation pathway should involve:
- the treating obstetrician;
- the gestational carrier;
- appropriate psychological support;
- independent legal counsel where necessary;
- the intended parents;
- and the program’s medical and legal coordinators.
The purpose should be to resolve the conflict—not to frighten a pregnant woman into accepting a medical procedure.
Red Flag No. 5: Treating Termination of Pregnancy as an Intended-Parent Contractual Right
This is one of the most important provisions intended parents should examine.
A contract should not suggest that intended parents can simply order a termination because they no longer want the pregnancy.
For example, imagine prenatal testing identifies:
- cleft lip;
- a correctable congenital condition;
- a minor ultrasound abnormality;
- or another condition that does not constitute a serious medical indication for termination.
The intended parents should not assume that paying for a surrogacy program gives them an unrestricted contractual right to require the gestational carrier to terminate.
At CanbabySurrogacy, our Colombia surrogacy agreements are structured around professional medical decision-making.
Where a serious fetal or maternal condition arises, the treating obstetric and maternal-fetal medicine professionals must evaluate the situation and provide appropriate medical recommendations.
The contract should create a framework for difficult decisions.
It should not replace the doctor.
Red Flag No. 6: No Independent Support for the Gestational Carrier
This may initially sound like an issue that matters only to the surrogate.
It is actually a major protection for intended parents.
Imagine a child is born and a later legal dispute arises.
One side argues:
“She voluntarily signed the agreement.”
The other side argues:
“She was financially vulnerable, did not understand the agreement and signed whatever the agency put in front of her.”
Which contract is easier to defend?
The agreement supported by evidence showing that:
- the carrier received the document in advance;
- the terms were explained;
- medical risks were separately discussed;
- psychological screening occurred;
- she had access to independent advice;
- consent was documented before treatment;
- and there was no pressure to sign immediately.
Independent consent protects both sides.
Red Flag No. 7: Postpartum Medical Care Ends When the Baby Is Delivered
One of the most important allegations in the recent Bogotá reporting concerns what happened after delivery.
The woman interviewed by Caracol Radio described continuing medical symptoms after childbirth and said she was largely directed toward her EPS healthcare coverage.
This highlights a major question every intended parent should ask:
What happens to the gestational carrier after the baby leaves the hospital?
Delivery is not the end of the medical risk.
Postpartum complications may include:
- hemorrhage;
- infection;
- thrombosis;
- Caesarean wound complications;
- hypertension;
- neurological symptoms;
- psychological distress;
- and delayed recovery.
A responsible program should establish a defined postpartum medical pathway.
EPS may form part of that pathway.
But “go to your EPS” should not be the entire risk-management plan.
Why These Contracts Are Also Dangerous for Intended Parents
Some intended parents may initially think:
“If the contract gives me more rights, isn’t that better for me?”
Not necessarily.
An extreme contract can create additional risks.
Risk 1: The clause may be unenforceable
A private agreement cannot automatically override constitutional rights, medical autonomy or Colombian public policy.
Risk 2: The clause can become evidence against the program
If litigation occurs, an aggressive clause may support an argument that the arrangement was coercive rather than genuinely consensual.
Risk 3: It can complicate parentage proceedings
Post-birth courts may examine the surrounding facts of the arrangement, especially where consent, exploitation or the child’s best interests are disputed.
Risk 4: It creates reputational exposure
International surrogacy is under increasing scrutiny from governments, courts, journalists and human-rights organizations.
Contracts that resemble commercial control agreements provide powerful evidence to critics who argue that international surrogacy exploits economically vulnerable women.
What Should a Safe Colombia Surrogacy Contract Contain?
A professional agreement should clearly address four different categories of responsibility.
1. Gestational Carrier Rights
The contract should recognize:
- informed medical consent;
- bodily autonomy;
- access to healthcare;
- confidentiality;
- independent advice;
- emergency medical treatment;
- pregnancy-related financial support;
- and postpartum care.
2. Intended Parent Rights
Intended parents also require substantial protection.
The agreement should address:
- embryo ownership before transfer;
- medical-information access with appropriate consent;
- prenatal-test communication;
- financial transparency;
- expected cooperation with birth procedures;
- DNA testing;
- newborn handover procedures;
- and cooperation with parentage proceedings.
3. Medical Decision-Making
The agreement should define how serious situations are handled, including:
- fetal abnormalities;
- maternal complications;
- multiple pregnancy;
- medically recommended fetal reduction;
- termination recommendations;
- premature delivery;
- Caesarean delivery;
- and maternal emergencies.
Medical decisions should be anchored in professional obstetric advice rather than agency discretion.
4. Financial Responsibilities
The contract should specify responsibility for:
- prenatal expenses;
- medications;
- transportation;
- maternity-related living support;
- medically required time away from work;
- delivery;
- complications;
- postpartum treatment;
- and unexpected medical expenses.
Payments should be documented and traceable.
What International Intended Parents Should Ask Before Signing
Before paying a Colombia surrogacy agency, ask for clear answers to these questions:
Does the gestational carrier have independent legal advice?
Can she review the contract before beginning medication?
Who pays if she develops a serious pregnancy complication?
What happens if EPS does not cover a treatment?
Is postpartum medical care included?
Can intended parents require an abortion without a medical recommendation?
Does the contract restrict where the carrier can live or travel?
Are all payments made through traceable banking channels?
What happens if the carrier cannot work during pregnancy?
Who handles a serious complaint against the agency or clinic?
If the provider refuses to show the relevant contractual protections before a major payment is made, that itself should be treated as a warning sign.
The CanbabySurrogacy Approach
At CanbabySurrogacy, we do not believe protecting intended parents requires stripping rights away from gestational carriers.
The opposite is true.
A legally and ethically defensible Colombia surrogacy program should create evidence that the gestational carrier:
- entered the program voluntarily;
- passed appropriate medical screening;
- understood the pregnancy risks;
- received the agreement before treatment;
- had meaningful access to independent advice;
- received documented pregnancy-related financial support;
- retained appropriate medical autonomy;
- and had access to care during pregnancy and postpartum recovery.
At the same time, intended parents need documented protections involving:
- embryo identification;
- medical communication;
- financial accountability;
- pregnancy management;
- DNA testing;
- birth registration;
- parentage;
- and citizenship and travel-document planning.
This is not merely an ethical preference.
It is risk management.
A Strong Contract Protects Both Sides
The Bogotá controversy exposes one of the biggest misconceptions in international surrogacy:
The more control a contract gives intended parents, the safer the intended parents are.
That is not necessarily true.
In Colombia’s current legal environment, a contract becomes stronger when it demonstrates:
informed consent + independent advice + medical autonomy + transparent payments + defined responsibilities + child-centered parentage planning.
A contract attempting to eliminate every right of the gestational carrier may look powerful on paper.
But if a serious dispute reaches a Colombian court, the real question may become:
Was this agreement fair, voluntary and compatible with fundamental rights in the first place?
For international intended parents considering surrogacy in Colombia in 2026, that is a question worth asking before the first embryo is transferred.
Frequently Asked Questions
Are surrogacy contracts legal in Colombia?
Colombia does not currently have a comprehensive national statute specifically regulating surrogacy contracts. Gestational surrogacy operates within a legal framework shaped by constitutional jurisprudence, general civil law, healthcare regulation and individual agreements.
Can a Colombia surrogacy contract remove all rights from the gestational carrier?
A private agreement cannot simply override fundamental constitutional rights or bodily autonomy. Contract provisions that conflict with mandatory law, public policy or fundamental rights may face serious enforceability problems.
Can intended parents control the surrogate’s medical decisions?
Intended parents may participate in medical planning and receive information according to the agreed consent structure, but the gestational carrier remains the patient. Major medical decisions must involve the treating professionals and the carrier’s informed consent.
Can intended parents require termination of pregnancy?
A surrogacy agreement should not be interpreted as giving intended parents unrestricted power to compel a medical procedure. Serious fetal or maternal conditions should be evaluated by qualified obstetric and maternal-fetal medicine professionals.
Who pays for surrogate pregnancy complications in Colombia?
This should be explicitly defined before embryo transfer. The program should identify EPS coverage, additional medical coverage and responsibility for expenses that fall outside ordinary healthcare coverage.
Why does surrogate protection also protect intended parents?
Because documented informed consent, independent advice, transparent payments and appropriate medical care make the overall arrangement more defensible if a later dispute arises.