Colombia Surrogacy Roles and Responsibilities Explained
Quick Answer
A Colombia surrogacy program is rarely operated from beginning to end by one single company.
Even when a package is advertised as “all-inclusive,” the journey normally involves several legally and professionally separate parties:
- an IVF clinic;
- an embryology laboratory or embryo bank;
- a surrogacy coordination team;
- an obstetric provider or maternity hospital;
- one or more lawyers;
- and, for international families, a home-country coordinator such as Canbaby Surrogacy.
Each participant has a different responsibility.
The IVF clinic is not automatically responsible for every event during pregnancy. The lawyer does not control medical treatment. The obstetric hospital does not manage embryo transport or parentage litigation. The surrogacy coordinator may organize the journey, but it does not replace a licensed physician, laboratory or lawyer.
Understanding these boundaries is essential because Colombia still does not have one comprehensive national statute assigning every surrogacy responsibility to a single regulated entity. Colombian surrogacy practice instead operates through constitutional jurisprudence, assisted-reproduction healthcare rules, family-law procedures, contracts and the professional duties of the different providers involved. Colombia’s Constitutional Court has repeatedly noted the continuing legislative gap surrounding surrogacy.
Why Responsibility Is Often Misunderstood
International intended parents frequently sign one package agreement and assume that the company receiving the payment is legally responsible for every stage of the journey.
That assumption may be incorrect.
A program can be commercially packaged as one service while still being delivered by multiple independent providers. For example:
- one clinic may create the embryos;
- a separate facility may store them;
- another organization may recruit and coordinate the gestational carrier;
- an outside obstetrician may manage the pregnancy;
- a hospital may handle delivery;
- and an independent lawyer may complete the parentage and birth-document process.
The package coordinator may help connect these services, but coordination does not automatically make it legally responsible for every medical, laboratory or legal decision.
This is why intended parents should ask a more precise question than:
“Who runs the program?”
They should ask:
Who is contractually and professionally responsible for each individual stage?
Colombia Surrogacy Roles and Responsibilities
| Participant | Primary responsibility |
|---|---|
| IVF clinic | Fertility assessment, egg retrieval, fertilization, embryo culture and embryo transfer |
| Embryology laboratory or embryo bank | Specimen identification, storage, traceability, cryopreservation and release procedures |
| Surrogacy team or local coordinator | Gestational-carrier recruitment, non-medical screening coordination, appointments, communication and compensation administration |
| Obstetric provider and maternity hospital | Prenatal care, pregnancy complications, delivery and emergency medical treatment |
| Colombian lawyer | Contract review, parentage strategy, court procedures, birth registration and Colombian documentation |
| Home-country immigration lawyer | Citizenship, passport, consular and return-home requirements |
| Canbaby Surrogacy | North American consultation, clinical review, embryo-transport coordination, cross-border communication and risk escalation |
This table describes the normal division of work. The exact responsibility in any individual case must be confirmed in the signed contracts and provider agreements.
What Is the IVF Clinic Responsible For?
The IVF clinic is principally responsible for the assisted-reproduction treatment performed under its control.
This may include:
- evaluating the intended parents or gamete providers;
- reviewing ovarian reserve and fertility history;
- planning ovarian stimulation;
- retrieving eggs;
- preparing sperm;
- performing IVF or ICSI;
- culturing embryos;
- performing embryo biopsy where applicable;
- preparing the gestational carrier for transfer;
- and carrying out the embryo transfer.
Colombian healthcare facilities offering assisted-reproduction services must comply with the healthcare requirements applicable to the services they provide. Ministry of Health materials refer to assisted-reproduction establishments as reproductive biomedicine units and require them to meet the applicable service and quality conditions.
Is the IVF clinic responsible for the entire pregnancy?
Usually, no.
After pregnancy is established and the patient is discharged from reproductive care, responsibility normally shifts to the obstetric provider managing the pregnancy.
The IVF clinic may still:
- review early pregnancy results;
- advise on fertility medications;
- communicate with the obstetrician;
- or provide reproductive-history information.
However, it should not be assumed that the fertility clinic remains the treating provider for every later pregnancy complication, hospitalization or delivery decision.
The contract should state clearly when reproductive-clinic care ends and when obstetric care begins.
What Is the Embryology Laboratory Responsible For?
The embryology laboratory is responsible for the eggs, sperm and embryos while they are under its custody.
Its responsibilities should include:
- confirming patient identity;
- labeling specimens correctly;
- documenting every movement of eggs, sperm and embryos;
- maintaining incubator and cryostorage conditions;
- monitoring equipment and alarms;
- recording fertilization and embryo development;
- documenting freezing and warming procedures;
- and releasing embryos only after the required authorizations are complete.
For international families, this responsibility may be divided between two or more laboratories.
For example:
- embryos may be created in Canada or the United States;
- stored by a North American fertility clinic or cryobank;
- transported by a specialist cryogenic courier;
- and received by a Colombian laboratory.
Each transfer of custody should be documented.
Who is responsible during embryo transportation?
Responsibility during transport may be shared among:
- the releasing laboratory;
- the cryogenic transport provider;
- the receiving laboratory;
- and the person coordinating authorizations and documentation.
The shipping agreement should explain:
- who validates the embryo inventory;
- who checks patient identifiers;
- who prepares export and import documents;
- who monitors the shipping tank;
- who confirms arrival;
- and what happens if the shipment is delayed, damaged or rejected.
A surrogacy package should never treat embryo transportation as a simple administrative delivery.
It is a chain-of-custody process involving reproductive material.
What Is the Surrogacy Team Responsible For?
The local surrogacy team generally manages the non-laboratory, non-legal and non-hospital parts of the journey.
Its responsibilities may include:
- recruiting gestational-carrier candidates;
- arranging background checks;
- coordinating psychological and social assessments;
- collecting prior pregnancy records;
- arranging medical screening;
- scheduling appointments;
- facilitating communication;
- administering agreed pregnancy support and compensation;
- tracking prenatal appointments;
- and reporting important developments to the intended parents.
However, coordinating medical care does not mean practising medicine.
The surrogacy team should not independently decide:
- whether a candidate is medically eligible;
- whether an embryo transfer should proceed;
- how a pregnancy complication should be treated;
- whether a Caesarean section is necessary;
- or whether pregnancy termination is medically indicated.
Those decisions belong to qualified medical professionals and, where applicable, the pregnant patient herself under informed-consent principles.
What Is the Obstetric Provider Responsible For?
Once the pregnancy moves into routine prenatal care, the obstetric provider becomes responsible for managing the pregnancy within the scope of its treatment relationship.
This includes:
- prenatal examinations;
- ultrasound monitoring;
- screening for pregnancy complications;
- medication decisions;
- referrals to maternal-fetal medicine;
- hospital admission;
- emergency treatment;
- delivery planning;
- and postpartum medical care.
If complications such as hypertension, bleeding, premature labour or fetal abnormalities arise, the obstetric team—not the surrogacy agency or intended parents—must evaluate the medical situation.
Who is responsible if a Colombia surrogacy pregnancy has complications?
There is rarely one universal answer.
Responsibility may be divided among:
- the treating physician, for clinical assessment and treatment;
- the hospital, for the care delivered within the facility;
- the EPS or insurer, for benefits covered under the applicable health plan;
- the surrogacy program, for agreed expenses outside ordinary coverage;
- and the intended parents, for costs allocated to them under the contract.
This is why the agreement must distinguish between:
- medical responsibility;
- payment responsibility;
- coordination responsibility;
- and communication responsibility.
These are not the same thing.
What Is the Lawyer Responsible For?
The lawyer is responsible for legal analysis and legal procedures—not IVF treatment or pregnancy care.
A Colombian reproductive lawyer may be responsible for:
- reviewing or drafting the surrogacy agreement;
- explaining the rights and obligations of each party;
- identifying the proposed parentage pathway;
- preparing court applications where required;
- handling maternity or parentage challenges;
- coordinating birth registration;
- obtaining judicial orders;
- and assisting with Colombian documents needed after birth.
Colombia’s Constitutional Court decisions show that parentage, nationality and civil registration can become especially complex when a child is born through gestational surrogacy. In T-232 of 2024, the Court examined a case involving a child born in Colombia, a gestational carrier without a genetic relationship, a foreign father and difficulties establishing nationality.
That case demonstrates why birth registration cannot be treated as routine paperwork.
Who handles birth registration after surrogacy in Colombia?
The practical process may involve:
- the hospital issuing the certificate of live birth;
- the civil registry recording the birth;
- the Colombian lawyer preparing or pursuing the appropriate parentage procedure;
- the intended parents supplying identity and genetic documentation;
- and the foreign lawyer or consular professional handling citizenship and passport requirements.
The Colombian civil registration process and the intended parents’ home-country citizenship process are separate legal stages. A successful Colombian birth registration does not automatically guarantee that a foreign passport will be issued.
Who Regulates Surrogacy Clinics in Colombia?
This question requires a careful answer because a “surrogacy clinic” may actually perform several different functions.
The medical clinic is regulated as a healthcare provider for the medical services it offers. Physicians, laboratories, hospitals, medicines, devices and healthcare institutions are subject to their corresponding Colombian professional and health-regulatory frameworks.
However, Colombia does not currently have one unified national surrogacy licensing system that regulates the entire journey as a single industry and assigns all duties to one entity. The Constitutional Court has repeatedly called attention to the absence of comprehensive legislation.
Therefore, a patient should not assume that an organization using the words “surrogacy clinic” is government-licensed to provide every advertised service.
Patients should ask:
- Is it an IVF clinic?
- Is it a healthcare institution?
- Is it a surrogacy coordination company?
- Is it a law firm?
- Which services does it provide directly?
- Which services are outsourced?
- Who holds the relevant professional licence for each service?
What Is Canbaby Surrogacy Responsible For?
For North American intended parents, Canbaby should be presented as the cross-border consultation and coordination layer, rather than as a substitute for the Colombian clinic, obstetrician or lawyer.
Canbaby’s role may include:
- explaining the overall Colombia surrogacy pathway;
- reviewing the proposed IVF and embryology plan;
- helping patients compare clinic and laboratory capabilities;
- coordinating communication between North American and Colombian providers;
- supporting embryo and sperm transportation planning;
- verifying that key records have been requested and received;
- organizing case updates for intended parents;
- identifying delays, inconsistencies or missing documentation;
- and escalating significant medical, laboratory or operational concerns to the appropriate provider.
Because Canbaby is embryologist-led, it can also help intended parents understand technical issues that a general administrative coordinator may not be qualified to assess, such as:
- embryo-development reports;
- freezing methods;
- PGT documentation;
- embryo inventory discrepancies;
- warming plans;
- transfer preparation;
- and laboratory quality systems.
However, Canbaby should not claim to replace:
- the treating physician;
- the Colombian obstetrician;
- the hospital;
- the licensed reproductive laboratory;
- or the lawyer giving Colombian or home-country legal advice.
The strongest positioning is:
Canbaby coordinates the complete journey while ensuring that each licensed professional remains accountable for the work within their own scope.
What Responsibilities Must Be Written Into the Contract?
A responsible agreement should identify more than the package price.
It should state:
Who performs each service
The agreement should name, or clearly identify, the party responsible for:
- embryo creation;
- embryo storage;
- transport;
- gestational-carrier screening;
- medication management;
- embryo transfer;
- prenatal care;
- delivery;
- legal proceedings;
- birth registration;
- and passport support.
Who pays when something unexpected happens
The contract should address:
- failed transfers;
- miscarriage;
- ectopic pregnancy;
- pregnancy complications;
- hospitalization;
- premature delivery;
- neonatal care;
- additional legal proceedings;
- replacement or rematching;
- and postpartum treatment.
Who communicates and within what timeframe
The agreement should explain:
- who sends pregnancy reports;
- who informs intended parents of emergencies;
- who obtains medical records;
- who approves additional non-emergency expenses;
- and who is available outside normal business hours.
What happens when providers disagree
The contract should include an escalation route for situations in which:
- the clinic and coordinator give inconsistent information;
- the surrogate raises a complaint;
- medical records are delayed;
- payment disputes arise;
- or legal and medical recommendations conflict.
How Should a Surrogate Complaint Be Escalated?
A professional program should not treat a gestational-carrier complaint as a public-relations problem.
The response should depend on the nature of the complaint.
A non-medical scheduling concern may be handled by the local coordinator.
A compensation issue should be reviewed against the contract and payment records.
A medical concern should be referred immediately to the treating physician.
A consent, coercion or safety concern should be escalated to senior program management and independent legal or clinical professionals where appropriate.
A serious complaint should generate a documented record showing:
- when the concern was received;
- who reviewed it;
- whether immediate safety measures were required;
- which professional was contacted;
- what response was given;
- and how the matter was resolved.
The gestational carrier should have a method of raising concerns without relying solely on the employee who manages her day-to-day case.
What Should Happen After a Serious Medical Event?
Every program should have a written escalation protocol for major events such as:
- hospitalization;
- significant bleeding;
- suspected preterm labour;
- severe pregnancy complications;
- loss of pregnancy;
- intensive-care admission;
- or an urgent fetal diagnosis.
The escalation pathway should identify:
- who receives the first report;
- who confirms the medical facts;
- who contacts the intended parents;
- who obtains written medical records;
- who authorizes expenses where authorization is required;
- who contacts legal counsel if the event affects the agreement;
- and who continues following the gestational carrier after discharge.
The coordinator should communicate the facts accurately without attempting to interpret a serious medical condition beyond its professional competence.
Why “All-Inclusive” Does Not Mean One Company Is Responsible for Everything
“All-inclusive” normally describes pricing or coordination.
It does not necessarily describe legal liability.
A program may include:
- IVF;
- surrogate matching;
- pregnancy support;
- delivery;
- legal work;
- and post-birth documents;
but each service may still be delivered by a different independent provider.
Therefore, intended parents should ask for a written provider map showing:
- who delivers each service;
- who holds the funds;
- who carries professional insurance;
- who receives complaints;
- who keeps the records;
- and which contract applies if something goes wrong.
A truly coordinated program is not one that hides these divisions.
It is one that makes them transparent and ensures that no critical responsibility falls between providers.
The Canbaby Surrogacy Perspective
At Canbaby Surrogacy, we believe international intended parents should know exactly who is responsible at every stage of their journey.
A fertility clinic should remain accountable for fertility treatment and embryo handling. An obstetric provider should remain accountable for pregnancy care. A lawyer should remain accountable for legal strategy and documentation. A local surrogacy team should remain accountable for carrier coordination, support and payment administration.
Canbaby’s role is to connect these separate stages for North American families, review the clinical and laboratory pathway, coordinate cross-border communication and escalate issues to the provider that has the authority and professional competence to resolve them.
This approach is more transparent than suggesting that one “all-inclusive” company personally performs every service.
The goal is not to blur responsibility.
The goal is to make responsibility visible, documented and enforceable.
Frequently Asked Questions
Is the IVF clinic responsible for the surrogate in Colombia?
The IVF clinic is normally responsible for reproductive treatment, including preparation for embryo transfer and early fertility-related care. Once obstetric care begins, responsibility for the ongoing pregnancy usually shifts to the treating obstetric provider. The exact transition should be recorded in the medical and program agreements.
Who is responsible when pregnancy complications occur?
The obstetrician and hospital are responsible for medical evaluation and treatment. Responsibility for paying uncovered expenses depends on the health plan, insurance arrangements and surrogacy contract. The coordinator is generally responsible for communication and logistical support, not for making clinical decisions.
Who handles the birth certificate?
The hospital provides the initial birth documentation, while the civil registry records the birth. A Colombian lawyer may manage any parentage or judicial procedure needed to obtain the intended legal outcome. Foreign citizenship and passport processing may require separate home-country legal or consular work.
Are Colombia surrogacy agencies regulated like IVF clinics?
Not necessarily. An IVF clinic is a healthcare provider and must comply with the rules applicable to its medical services. A surrogacy coordination company may not be licensed as a medical institution or law firm. Patients should verify the legal and professional status of every participating entity.
Does an all-inclusive package make the agency responsible for everything?
No. It may mean that the agency coordinates or budgets for all stages, but medical, legal, laboratory and hospital services may still be provided by independent professionals. The contracts should specify responsibility for each service.
