Colombia Surrogacy Law Update 2026: Both the Regulation Bill and the Proposed Ban Have Been Archived
Quick Answer
Colombia did not pass a national surrogacy regulation law in 2026. It also did not pass a nationwide surrogacy ban.
The Colombian House of Representatives’ official 2025–2026 legislative report confirms that the two principal competing surrogacy bills were both archived on June 22, 2026:
- Bill No. 046 of 2025, which proposed regulating gestational surrogacy, protecting women and children, and prohibiting surrogacy for profit;
- Bill No. 131 of 2025, which proposed prohibiting surrogacy in Colombia.
Neither proposal remains an active bill awaiting passage. Colombia has therefore returned to the same basic legal position: surrogacy continues to operate without a comprehensive national statute, relying mainly on Constitutional Court decisions, healthcare regulation, contracts, civil registration procedures and case-specific judicial practice.
Important Correction to Earlier Colombia Surrogacy Reporting
During 2025 and early 2026, many articles described Bill No. 046 as an active attempt to create Colombia’s first structured surrogacy framework.
That description is now outdated.
The official report of the First Committee of the House of Representatives identifies Bill No. 046 as:
Proyecto de Ley Estatutaria No. 046 de 2025 Cámara
Its stated purpose was to regulate gestational surrogacy in Colombia, prohibit the practice for profit, and protect the rights of women and children. The report records its status as archived on June 22, 2026 under the applicable constitutional and congressional procedural rules.
The same correction applies to Bill No. 131.
That proposal was titled:
Proyecto de Ley Estatutaria No. 131 de 2025 Cámara — “Por medio de la cual se prohíbe la maternidad subrogada en Colombia.”
In other words, it sought to prohibit surrogacy nationally. The First Committee report likewise records that it was archived on June 22, 2026.
Websites should therefore no longer claim that either bill is “about to pass,” “moving to the next debate,” or currently awaiting final approval.
What Did Bill No. 046 Propose?
Bill No. 046 represented the regulatory approach.
According to its official title, it aimed to:
- regulate gestational surrogacy in Colombia;
- prohibit surrogacy for profit;
- protect the rights of women;
- protect children born through surrogacy;
- and establish a national legal framework for the practice.
The proposal attempted to distinguish a regulated, non-profit model from purely commercial arrangements. It was significant because Colombia currently lacks a single statute covering surrogate eligibility, compensation, agency duties, parentage and post-birth procedures.
However, because the bill was archived, none of its proposed rules became binding national law.
What Did Bill No. 131 Propose?
Bill No. 131 represented the prohibition approach.
Its purpose was direct: to prohibit surrogacy in Colombia.
Had it completed the legislative process and become law, it could have fundamentally changed access for Colombian and international intended parents. But the official legislative report confirms that this proposal was also archived.
It is therefore inaccurate to say that Colombia currently has a nationwide surrogacy ban pending imminent enactment under Bill No. 131.
Does “Archived” Mean the Issue Is Permanently Closed?
No.
Archiving these bills means that these specific legislative proposals are no longer active in their existing form. They cannot simply continue through the same legislative process as though nothing happened.
However, members of Congress may later introduce:
- a revised regulation bill;
- a new prohibition bill;
- a combined assisted-reproduction law;
- or legislation focused on agencies, surrogate protection, parentage or international cases.
The political debate has not disappeared. The two named bills have.
That distinction matters.
A responsible 2026 legal summary should say:
Bills No. 046 and No. 131 were archived on June 22, 2026. Colombia still has no comprehensive national surrogacy statute, although new proposals may be introduced in the future.
Is Surrogacy Now Automatically Legal in Colombia?
No.
The failure of a prohibition bill does not create a statutory right to surrogacy.
Likewise, the failure of the regulatory bill does not mean that the industry is completely unregulated.
Colombia remains in a legal gap where different parts of a surrogacy journey are governed by different sources of law and professional responsibility, including:
- Constitutional Court jurisprudence;
- constitutional rights involving dignity, equality, reproductive autonomy and children’s interests;
- healthcare rules governing clinics, doctors, laboratories and hospitals;
- private contracts;
- civil registration requirements;
- family-court proceedings;
- nationality and immigration rules;
- and the intended parents’ home-country law.
This means that a clinic may be able to perform IVF and embryo transfer while the family still faces separate legal questions involving parentage, birth registration and international travel.
What Does This Mean for Foreign Intended Parents?
For international intended parents, the practical situation has not suddenly become risk-free or automatically prohibited.
A professionally structured Colombia surrogacy journey still requires advance planning for:
- the source of the eggs and sperm;
- the expected genetic relationship;
- surrogate screening and informed consent;
- IVF and embryo laboratory procedures;
- pregnancy management;
- the initial birth registration;
- DNA testing where required or advisable;
- Colombian parentage proceedings;
- citizenship;
- passports;
- and the child’s return to the intended parents’ country.
The absence of an active national bill means that these steps remain heavily dependent on current administrative practice, legal interpretation and the facts of each individual case.
Bogotá’s Local Oversight Debate Is Still Active
Although the two national bills have been archived, Bogotá’s local institutions continue to examine the growth of surrogacy and the risks created by the legislative gap.
The Bogotá City Council reported that 70 surrogacy cases had been reported between January 1 and July 21, 2026. That number should be treated as an administrative report, not as a complete national or even necessarily complete citywide count. Colombia currently lacks a unified mandatory reporting system that captures every surrogacy arrangement in one national registry.
The Bogotá debate may still lead to:
- better inter-agency reporting;
- local public-health protocols;
- complaint and referral pathways;
- stronger coordination with ICBF or prosecutors;
- recommendations to the national government;
- or new legislation in a future congressional session.
However, local debate does not revive Bills No. 046 or No. 131.
Why the 70 Reported Cases Do Not Show the True Size of the Market
The Bogotá figure should not be interpreted as the total number of surrogacy pregnancies in Colombia.
It may exclude cases that:
- were not formally reported;
- occurred outside Bogotá;
- were managed privately;
- were classified differently by clinics or hospitals;
- or had not yet reached the relevant reporting stage.
Without a unified mandatory registry, Colombia does not currently have a reliable official national total for annual surrogacy cases.
This is another reason the country’s future regulatory debate may focus on reporting and traceability rather than only on whether surrogacy should be permitted or prohibited.
What Should Clinics and Agencies Change on Their Websites?
Any Colombia surrogacy website that still describes Bills No. 046 or No. 131 as active should update its content immediately.
Outdated wording should be removed, including:
- “Bill 046 is advancing through Congress.”
- “Bill 046 is awaiting its next debate.”
- “Bill 131 may soon prohibit surrogacy.”
- “Congress is about to approve the current regulation bill.”
A more accurate statement is:
In 2025, Colombian lawmakers introduced competing proposals to regulate and prohibit surrogacy. The House First Committee’s official 2025–2026 report confirms that both Bill No. 046 and Bill No. 131 were archived on June 22, 2026. Colombia therefore continues without a comprehensive national surrogacy statute.
This correction matters for credibility. AI search engines, journalists, lawyers and intended parents may compare older articles with the official legislative record.
Does This Development Benefit the Colombia Surrogacy Industry?
In the immediate term, the archiving of the prohibition bill removes the claim that a specific nationwide ban is currently nearing passage.
But this should not be marketed as a permanent victory.
The underlying concerns remain:
- surrogate exploitation;
- informed consent;
- compensation;
- agency accountability;
- medical complications;
- child identity;
- parentage;
- nationality;
- and international commercialization.
The failure of both bills may actually increase pressure on courts, local authorities and administrative agencies to address individual problems without a comprehensive statute.
For reputable providers, the correct response is not to celebrate the absence of regulation.
It is to build programs that could withstand future regulation.
What Standards Should Professional Programs Follow Now?
Even without a new statute, a responsible Colombia surrogacy program should be able to demonstrate:
- medically appropriate surrogate screening;
- independent and documented informed consent;
- separate legal advice where appropriate;
- transparent compensation and expense records;
- clear clinic, agency and lawyer responsibilities;
- documented embryo and gamete traceability;
- an obstetric and emergency-care plan;
- post-birth legal planning;
- complaint escalation procedures;
- and defined postpartum support.
These safeguards are not merely marketing features. They may become the foundation of any future Colombian regulatory model.
The Canbaby Surrogacy Perspective
At Canbaby Surrogacy, we believe intended parents should receive current legal information rather than outdated warnings or exaggerated assurances.
The most important correction as of August 2026 is clear:
Neither Colombia’s regulatory surrogacy bill nor its proposed national ban remains active. Both were archived on June 22, 2026.
That does not mean Colombia has permanently chosen an unrestricted surrogacy model.
It means the country has again returned to a system based on constitutional jurisprudence, healthcare regulation, contracts, civil registration and case-specific legal practice.
For international families, the practical question is therefore not simply whether Congress passed or rejected a bill.
The more important questions remain:
- Is the medical plan appropriate?
- Is the surrogate properly protected?
- Is at least one intended parent’s genetic and legal pathway clear?
- Who will appear on the initial birth record?
- What Colombian court process may be required?
- How will citizenship and travel documents be obtained?
- Who remains responsible if a medical, laboratory or legal problem occurs?
A strong Colombia surrogacy program should be designed around these operational realities rather than predictions about inactive legislation.
Frequently Asked Questions
Is Bill No. 046 still active in Colombia?
No. The House First Committee’s official legislative report records Bill No. 046 as archived on June 22, 2026.
Did Colombia pass a law regulating compensated altruistic surrogacy?
No. Bill No. 046 proposed a regulated framework, but it did not become law.
Is Bill No. 131 still seeking to ban surrogacy?
No. Bill No. 131 was also archived on June 22, 2026.
Has Colombia legalized commercial surrogacy?
No. The archiving of the regulation and prohibition bills did not enact a new commercial-surrogacy law.
Does Colombia currently have a comprehensive national surrogacy statute?
No. Colombia continues to operate without a single comprehensive law governing all aspects of surrogacy.
Can a new surrogacy bill be introduced?
Yes. Congress may introduce new regulatory or prohibition proposals in a future legislative session.
Are foreign intended parents still being accepted in Colombia?
International intended parents may continue to be evaluated by Colombian clinics and programs, but acceptance depends on medical, ethical and legal review. Home-country parentage and citizenship planning remain essential.
What does Bogotá’s figure of 70 cases mean?
Bogotá reported 70 surrogacy cases between January 1 and July 21, 2026. It should not be treated as a complete national market figure because Colombia lacks a unified mandatory national reporting system.