Surrogacy in Colombia for international parents: the 2026 guide

More and more intended parents from North America, Europe and Australia are looking at Colombia to build their families. It is inclusive of same-sex couples and single parents, it has experienced fertility clinics, and Bogotá shares a time zone with the US East Coast for much of the year. But surrogacy abroad is always a two-country journey: Colombia, and your home. This guide covers both.

Is surrogacy legal in Colombia?

There is no law in Colombia that prohibits surrogacy, and no comprehensive law that regulates it either. The framework comes from the Constitutional Court, which has addressed surrogacy since ruling T-968 of 2009, asked Congress to regulate it in T-275 of 2022, and in T-127 of 2024 extended parental leave to families formed through surrogacy.

In July 2026, Bill 052 of 2026 was filed in the House of Representatives. It proposes banning surrogacy for profit and adding health, registry and judicial controls. As of this article it is still under debate and is not law. Because the rules are evolving, every program should be built with specialist lawyers and clear contracts for everyone involved.

Who can do surrogacy in Colombia?

Colombia recognized same-sex marriage in 2016, and our programs welcome heterosexual couples, same-sex couples, and single men and women. The fertility specialist defines the medical plan for each case, including whether donor eggs are needed, and the lawyers review the legal side in your first consultation.

Your home country matters as much as Colombia

Bringing your baby home, and being recognized as their legal parent there, depends on your country's rules. Speak to a lawyer in your country before you sign anything. Here is what to know as a starting point.

United States

Since a May 2021 policy change, the U.S. State Department considers a child born abroad to married parents a U.S. citizen at birth when at least one parent is a U.S. citizen, regardless of which parent is genetically related, as long as there is a genetic or gestational connection to one of the parents. Parents apply for a Consular Report of Birth Abroad (CRBA) and a U.S. passport at the embassy in Bogotá before flying home.

United Kingdom

In UK law, the woman who gives birth is the child's legal mother. Intended parents must apply for a parental order once the baby is in the UK, within six months of the birth, and at least one applicant must be genetically related to the child. Plan your baby's travel documents and your parental order application together with a UK family lawyer.

Australia

Australian rules vary by state. New South Wales, Queensland and the ACT make it an offence for their residents to enter into a commercial surrogacy arrangement, including overseas. The other states and territories do not have that overseas ban. Expect a longer stay in Colombia after the birth while travel documents are processed. Always get Australian legal advice first.

Europe

• Spain: since May 2025, the civil registry no longer directly registers parentage for babies born through surrogacy abroad. Other legal routes exist and must be planned case by case. Read our guide for Spanish families.
• Italy: since October 2024, surrogacy is a crime for Italian citizens even when it takes place abroad.
• France, Germany and others: surrogacy is not permitted domestically, and recognition of foreign births varies. Get local advice before you start.

How the journey works with Gestación con Amor

1. Free first call by video, to understand your story and your country's rules.
2. Surrogate match and an in-person or virtual interview with her.
3. Medical and psychosocial evaluation with our partner clinics.
4. Pregnancy, followed from home on our private platform, with ultrasounds and heartbeat audio.
5. Your trips to Bogotá, usually for the start of the program and for the birth, with a dedicated host, covered transport and partner hotels or apartments.
6. After the birth, a nurse supports you for the first three days, a partner pediatric specialist follows your baby, and we help with paperwork until you fly home.

Overall, families are supported for about 18 to 20 months.

Checklist before you choose an agency

• Which fertility clinics and law firms do they partner with, by name?
• How is the surrogate screened: medical, psychological, social-worker home visits?
• Will someone from the agency attend every important appointment?
• How are expenses managed and reported?
• How will you follow the pregnancy from abroad?
• Do they speak your language? [Confirm team languages.]

“They made my dream of becoming a parent come true and I am forever grateful to have met Gisell and her team and to have found my surrogate through them.” — Intended parent

This article is for information only and is not legal or medical advice.