How Should Surrogate Mothers Be Protected in Colombia? Bogotá’s Emerging Regulatory Direction
Free Consent, Independent Legal Advice and Postpartum Medical Responsibility
Quick Answer
Recent public debate in Bogotá suggests that the future of Colombia surrogacy may not be limited to a simple choice between unrestricted practice and a complete prohibition.
A more likely regulatory direction is that clinics, agencies and intended parents will be expected to prove that the gestational carrier:
- made a free and voluntary decision;
- received complete information about medical and legal risks;
- had access to independent legal advice;
- was not improperly pressured because of financial hardship;
- could raise complaints through an independent channel;
- and continued receiving appropriate medical support after delivery.
Bogotá’s women’s-rights authorities have emphasized the risks created by economic and social inequality while also calling for a clear national regulatory framework. The Bogotá Council’s official account of its July 2026 debate confirms that the District Secretariat for Women participated in discussions about the regulatory gaps surrounding surrogacy and the need for stronger institutional protection.
This is important for international intended parents because future compliance may depend less on whether a contract exists and more on whether the program can demonstrate that consent, medical care and complaint procedures were genuinely independent.
What Is Bogotá’s Current Position on Surrogacy?
Bogotá does not have the authority to create a complete national surrogacy law by itself. Surrogacy, parentage, assisted reproduction and national healthcare regulation involve Congress, the national government, courts, health authorities and child-protection institutions.
However, Bogotá’s public institutions can:
- identify risks affecting women in the city;
- provide psychological and legal support;
- refer possible offences to the Fiscalía General de la Nación;
- refer child-protection concerns to the Colombian Family Welfare Institute, known as ICBF;
- and recommend national legislative reform.
The District Secretariat for Women has participated in the city’s debate over surrogacy and has called attention to the risks that can arise when economic inequality, incomplete information and weak institutional oversight affect a woman’s decision. The official Bogotá Council report also records the Secretariat’s demand for clearer regulation rather than presenting the current legal gap as an acceptable long-term solution.
The important distinction is this:
Recognizing that women have decision-making capacity does not require public authorities to ignore the economic and social conditions in which that decision is made.
A woman may be legally capable of consenting while still needing protection against misleading information, contractual pressure, unequal bargaining power or the absence of independent advice.
Is Surrogacy Currently Regulated in Colombia?
Colombia still does not have one comprehensive national statute governing every stage of gestational surrogacy.
The Constitutional Court and ICBF have repeatedly described gestational surrogacy as neither expressly prohibited nor comprehensively authorized by legislation. Current practice therefore relies on constitutional rights, court decisions, general healthcare rules, family-law procedures and private agreements.
This legal gap creates uncertainty about issues such as:
- gestational-carrier eligibility;
- compensation;
- agency oversight;
- independent legal representation;
- medical decision-making;
- complaint procedures;
- parentage;
- birth registration;
- and long-term postpartum care.
The absence of a dedicated statute does not mean that clinics and agencies operate without any obligations. Physicians, hospitals, laboratories and healthcare institutions remain subject to Colombian medical and professional rules. Contracts remain subject to general legal principles. Children remain protected by constitutional and family-law standards.
The problem is that these rules were not designed as one integrated surrogacy framework.
Does Concern About Economic Vulnerability Mean a Surrogate Cannot Consent?
No. Economic vulnerability and legal capacity are different concepts.
A woman does not lose her autonomy simply because she has limited income or chooses to receive compensation. Treating every lower-income woman as incapable of making reproductive decisions would itself be paternalistic.
At the same time, payment can influence decision-making. A responsible program must therefore determine whether the decision is truly voluntary rather than assuming that a signed form proves free consent.
A meaningful assessment should consider whether the gestational carrier:
- understands the complete medical process;
- understands that pregnancy can cause serious complications;
- knows which medical decisions remain hers;
- understands the compensation structure;
- knows what happens after miscarriage or premature delivery;
- has enough time to consider the agreement;
- can refuse without losing unrelated benefits;
- can speak with an independent lawyer;
- and can withdraw before the point at which medical treatment makes withdrawal impractical.
This approach protects autonomy rather than denying it.
What Is Free and Informed Consent in Colombia Surrogacy?
Informed consent is not merely a signature placed at the end of a long contract.
For consent to be meaningful, the gestational carrier should receive information in clear language about:
- hormonal medication;
- embryo transfer;
- the number of embryos to be transferred;
- miscarriage and ectopic pregnancy;
- multiple pregnancy;
- Caesarean delivery;
- hypertensive disorders;
- premature birth;
- pregnancy termination;
- fetal reduction;
- hospitalization;
- postpartum recovery;
- psychological effects;
- compensation;
- insurance and EPS coverage;
- and the legal consequences of the arrangement.
The person explaining medical risks should be qualified to explain medicine. The person explaining legal consequences should be qualified to provide legal advice.
The agency coordinator should not be the only person explaining both.
Can a Gestational Carrier Change Her Mind?
Colombia’s Constitutional Court has recognized the importance of reproductive autonomy and the right of the person undergoing treatment to revoke consent.
In Decision T-274 of 2024, the Court stated that before embryo transfer, the gestating person’s revocation of consent can prevail over the interests of other parties. After transfer, the decision whether to continue a pregnancy belongs to the pregnant person because it concerns her body.
That ruling did not create a complete surrogacy statute, but it establishes an important principle:
A surrogacy contract cannot eliminate the gestational carrier’s bodily autonomy.
A responsible agreement may explain the parties’ intentions and the consequences of different events. It should not claim that intended parents or an agency can force a pregnant woman to undergo:
- a Caesarean section;
- fetal reduction;
- pregnancy termination;
- a particular medication;
- or another invasive medical intervention.
Clinical advice, informed consent and applicable Colombian law remain controlling.
Why Should the Surrogate Have an Independent Lawyer?
A lawyer representing the intended parents or the agency may explain the general process, but that lawyer cannot automatically be assumed to represent the gestational carrier’s individual interests.
Independent legal advice helps the carrier understand:
- what she is agreeing to;
- which medical decisions remain hers;
- how compensation is calculated;
- what expenses are reimbursed;
- what happens after miscarriage;
- what happens if she requires prolonged hospitalization;
- whether she must repay any money;
- how complaints are handled;
- and what rights continue after birth.
Independence matters because the gestational carrier and intended parents may have shared goals while still having different legal interests.
For example, the intended parents may want immediate access to medical information. The carrier may want privacy over unrelated health information. The program needs a process that protects both interests.
What makes legal advice genuinely independent?
The lawyer should:
- have no duty to represent the intended parents;
- have no financial incentive to pressure the carrier to proceed;
- be able to explain disadvantages in the contract;
- communicate privately with the carrier;
- document that advice was given before signing;
- and remain available if a dispute arises.
The program may pay the legal fee without controlling the advice. Payment alone does not destroy independence, provided the lawyer’s professional duty is clearly owed to the gestational carrier.
How Can a Program Avoid Exploiting Financial Hardship?
No screening system can completely remove economic inequality. However, programs can reduce the risk of improper exploitation.
Compensation must be transparent
The carrier should know:
- the total expected compensation;
- the payment schedule;
- which payments are guaranteed;
- which payments depend on medical milestones;
- which expenses require receipts;
- and what happens if the pregnancy ends early.
The agreement should avoid creating the impression that payment is simply the purchase price of a baby.
Essential payments should not depend entirely on live birth
A carrier has already invested time, undergone treatment and accepted medical risk even if a pregnancy ends in miscarriage or another complication.
At minimum, the contract should distinguish among:
- compensation already earned;
- medical and transportation expenses;
- pregnancy-support payments;
- procedure-specific payments;
- and payments associated with recovery.
A structure in which nearly all compensation disappears after pregnancy loss may create inappropriate pressure to continue treatment or conceal symptoms.
Screening should evaluate more than income
Programs should review:
- prior obstetric history;
- physical health;
- psychological readiness;
- family support;
- housing stability;
- childcare needs;
- employment implications;
- and whether the candidate is facing an immediate financial crisis.
Financial need does not automatically make a candidate ineligible. Severe urgency, coercion or dependency may require additional review.
The carrier must be able to decline
A candidate should be able to refuse:
- a particular intended parent;
- embryo transfer;
- more than one embryo;
- a contractual amendment;
- or another treatment cycle;
without threats, intimidation or loss of money she has already earned.
Who Should Handle a Surrogate’s Complaint?
A complaint system is not independent when the only available contact is the coordinator whose conduct is being questioned.
A well-designed program should provide several escalation routes.
| Type of concern | Appropriate escalation |
|---|---|
| Appointment or transportation problem | Local case coordinator |
| Compensation disagreement | Finance manager and contract review |
| Medical symptom or treatment concern | Treating physician or obstetrician |
| Consent or pressure concern | Independent lawyer and senior compliance officer |
| Safety or possible abuse | Appropriate public authority |
| Child-protection concern | ICBF or the competent family authority |
| Possible criminal conduct | Fiscalía General de la Nación |
Bogotá’s women’s authority has acknowledged providing psychological and legal assistance in at least one surrogacy-related matter and referring relevant concerns to competent institutions. Publicly available reporting does not establish the underlying facts or announce a final investigative conclusion, so the existence of a referral should not be presented as proof that a crime occurred.
This distinction is essential:
A complaint must be taken seriously, but a referral is not the same as a finding of wrongdoing.
Responsible providers should preserve records and cooperate with legitimate reviews while protecting the confidentiality and procedural rights of everyone involved.
What Should a Serious-Complaint Protocol Include?
When a gestational carrier reports coercion, unsafe treatment, unpaid compensation or a serious medical concern, the program should create a documented case file.
The record should identify:
- when the complaint was received;
- the exact concern reported;
- whether immediate medical or safety action was required;
- who was assigned to investigate;
- whether the carrier spoke privately with independent counsel;
- what records were collected;
- whether a public authority was contacted;
- what interim protections were offered;
- and how the complaint was resolved.
The person accused of misconduct should not be the sole investigator.
The program should also prohibit retaliation. The carrier should not lose earned compensation, transportation assistance or access to medical care merely because she raised a concern.
What Medical Care Should Continue After Delivery?
A surrogacy program should not treat delivery as the end of its medical responsibility.
Pregnancy-related complications can appear or continue after birth. Postpartum recovery may involve:
- bleeding;
- infection;
- wound complications;
- hypertension;
- pain;
- breastfeeding-related symptoms;
- emotional distress;
- and follow-up after Caesarean delivery.
Colombian constitutional jurisprudence recognizes that pregnancy, childbirth and the postpartum period involve particular health risks.
A responsible program should define:
- how long postpartum support continues;
- who schedules the follow-up examination;
- who pays costs not covered by EPS;
- who arranges mental-health support;
- how emergency symptoms are reported;
- and who follows unresolved pregnancy-related conditions.
A fixed period such as six weeks may be useful for routine follow-up, but it should not become an automatic cut-off when a documented pregnancy-related complication continues beyond that point.
What Does EPS Cover, and What Must the Program Cover?
EPS is part of Colombia’s health-insurance system. Depending on eligibility, affiliation, provider network and medical indication, it may cover routine prenatal services, hospital treatment, delivery and postpartum care.
However, a surrogacy program should not simply state:
“EPS covers the pregnancy.”
That phrase is too broad.
The written plan should identify:
- the carrier’s EPS status;
- whether contributions are active;
- which provider network will manage pregnancy;
- which hospital is expected to handle delivery;
- whether high-risk maternal-fetal care is available;
- what happens if authorization is delayed;
- which costs fall outside EPS;
- and who pays those additional costs.
The agency or intended parents may remain financially responsible under the contract for expenses such as:
- non-covered medications;
- private specialist consultations;
- transportation;
- accommodation;
- recovery assistance;
- psychological care;
- additional childcare;
- and medically necessary services that cannot be obtained promptly through the EPS pathway.
Public healthcare coverage should be part of the protection system—not an excuse for the program to abandon responsibility.
Which Records Should a Colombia Surrogacy Program Keep?
Future regulation is likely to focus heavily on proof.
A clinic or agency that says a carrier consented should be able to show how that consent was obtained.
Important records include:
- identification documents;
- medical eligibility reports;
- previous pregnancy records;
- psychological assessment;
- social and family assessment;
- independent legal-advice certificate;
- signed medical consent forms;
- signed surrogacy agreement;
- proof that the carrier received the agreement before signing;
- compensation schedule;
- payment records;
- EPS affiliation and eligibility records;
- insurance documents;
- embryo-transfer consent;
- records of significant medical decisions;
- complaint records;
- postpartum follow-up reports;
- and documentation of referrals to outside authorities.
Consent should be treated as an ongoing process.
For example, a general surrogacy agreement signed months earlier should not replace fresh medical consent for:
- embryo transfer;
- invasive prenatal testing;
- fetal surgery;
- Caesarean delivery;
- or another major medical procedure.
Could Colombia Ban Surrogacy Completely?
A complete statutory prohibition remains politically possible because Congress has considered numerous surrogacy proposals over many years.
However, Colombia’s legal development also includes constitutional protection for reproductive autonomy, equality, family diversity, children’s rights and bodily decision-making. The Constitutional Court continues to describe a legislative gap rather than treating all gestational surrogacy as inherently criminal.
The Bogotá debate therefore does not prove that Colombia will choose either prohibition or regulation.
What it does show is that the present informal model faces growing pressure.
A future regulatory framework may require:
- licensing or registration of intermediaries;
- standardized surrogate screening;
- independent legal representation;
- documented informed consent;
- restrictions on compensation practices;
- complaint and audit procedures;
- medical insurance beyond ordinary EPS coverage;
- postpartum care;
- and stronger reporting to public authorities.
This is an industry assessment rather than a prediction of enacted law. The final direction will depend on Congress, national regulators and future court decisions.
What Should Intended Parents Ask Before Joining a Colombia Program?
International intended parents should ask the clinic or agency for specific evidence rather than general assurances.
Independent legal advice
- Who represents the gestational carrier?
- Does that lawyer also represent the agency?
- Can the carrier speak privately with the lawyer?
- Is legal advice documented before signing?
Consent
- In what language are risks explained?
- Who explains medical risks?
- How much time does the carrier have to review documents?
- Can she decline a transfer without penalty?
- Is consent renewed before major procedures?
Compensation
- Which payments are earned before birth?
- What happens after miscarriage?
- Are medical and transportation expenses separate?
- Does the carrier ever have to repay earned compensation?
Medical coverage
- Is her EPS affiliation active?
- Who pays uncovered expenses?
- Who pays for emergency private treatment?
- What postpartum period is included?
- What happens if complications continue longer?
Complaints
- Can the carrier complain outside the local coordination team?
- Who investigates allegations against the agency?
- Is retaliation prohibited?
- When are ICBF, Fiscalía or other authorities contacted?
A provider that cannot answer these questions clearly may not be ready for international surrogacy.
The Canbaby Surrogacy Perspective
At Canbaby Surrogacy, we believe protecting gestational carriers and protecting intended parents are not competing objectives.
A program becomes safer for everyone when:
- consent is properly documented;
- medical risks are explained honestly;
- compensation is transparent;
- the carrier has independent advice;
- complaints can be escalated;
- and postpartum obligations are defined before treatment begins.
As a North American coordination and embryology-led team, Canbaby can help intended parents review whether the proposed Colombian program has:
- clear clinical responsibilities;
- documented laboratory and embryo-transfer procedures;
- a defined gestational-carrier screening process;
- independent legal support;
- a medical-expense plan;
- an emergency-escalation pathway;
- and complete records throughout the journey.
Canbaby does not replace the carrier’s independent Colombian lawyer, treating obstetrician, clinic or public authorities.
Our role is to help ensure that responsibility is not hidden between multiple providers and that important risks are identified before an embryo is transferred.
The future credibility of Colombia surrogacy will not depend only on whether programs can produce pregnancies.
It will depend on whether they can demonstrate that every pregnancy began with free consent, continued with appropriate medical protection and ended with meaningful postpartum support.
Frequently Asked Questions
Does Bogotá support or oppose surrogacy?
Bogotá does not have one binding citywide legal position that independently determines whether surrogacy is permitted nationwide. The District Secretariat for Women has raised concerns about inequality and insufficient protection and has called for clearer national regulation.
Can a low-income woman freely consent to become a surrogate?
Potentially, yes. Low income does not eliminate legal capacity or autonomy. However, the program should verify that financial pressure, misleading information or dependency has not undermined the voluntariness of her decision.
Is independent legal advice required in every Colombia surrogacy case?
Colombia does not yet have one comprehensive national surrogacy statute imposing a standardized requirement in every program. Nevertheless, independent legal advice is one of the strongest practical safeguards for demonstrating informed and voluntary consent.
Can intended parents decide whether the surrogate has an abortion or Caesarean section?
No contract should be interpreted as giving intended parents control over another person’s body. Colombian constitutional jurisprudence emphasizes that after embryo transfer, decisions about continuing a pregnancy belong to the pregnant person. Medical procedures also require appropriate clinical assessment and consent.
Does EPS remove the agency’s responsibility for pregnancy complications?
No. EPS may cover eligible medical services, but the program contract should identify responsibility for uncovered expenses, delays, transportation, private care, postpartum assistance and other support.
What happens when a surrogate files a complaint?
The complaint should be documented, reviewed independently and referred to medical, legal, child-protection or criminal authorities when appropriate. A referral does not itself prove misconduct.
Will Colombia prohibit all surrogacy?
That cannot currently be predicted. Colombia continues to have a legislative gap, and both restrictive and regulatory proposals remain possible.