Colombia

There is no single cost that applies to every case. In fact, the price is closely related to certain variables such as whether an egg donation is needed, the type of program requested from the IVF clinic which translates into the number of in vitro fertilization and embryo transfers covered. There can be one, two, three or unlimited transfers until pregnancy is achieved. Having clarified all possible variables, an estimate based on the case histories we have had allows us to say that the average price today for a guaranteed set-price journey, including unlimited IVF and embryo transfers, egg donor, surrogate mother and legal is roughly €65,000. The average cost of a program with one’s own embryos (or gametes), surrogate and legal support is roughly €60,000.

There is currently no legislation governing surrogacy Colombia, although the Constitutional Court has legitimized its use and application (sentence T-968 of 2009) as a means to solve the infertility problems of couples, and in this sense, it has been legitimized as one of the assisted reproduction techniques.

For the Constitutional Court, from the existing laws, there is neither consent nor prohibition on the use of this type of assisted reproduction. In judgment T-968 of 2009, it explicitly stated that "in the Colombian legal system there is no explicit prohibition on the execution of this type of agreements or contracts." Regarding assisted reproduction techniques, within which surrogacy (or gestational surrogacy) is placed, the doctrine has considered them legally legitimate by virtue of article 42-6 of the Constitution, which provides that "children born within or out of wedlock, adopted or naturally procreated or with scientific assistance, have equal rights and duties." The Constitutional Court then defines surrogacy in Colombia as "the reproductive act that generates the birth of a child carried by a woman bound by an agreement through which she must transfer all rights on the newborn in favor of another woman who will appear as its mother."

The surrogate mother agrees to carry out the pregnancy without providing genetic material (eggs) for in vitro fertilization and, upon giving birth, commits to handing over the child to the commissioning parents, who have undertaken to pay a certain sum of money or cover the expenses derived from the pregnancy and childbirth.

Surrogate mother's free consent is vital for the agreement to be valid. She must also demonstrate that she is in good physical and psychological conditions, meet age requirements, have had a previous successful delivery of a child and she does not have profit motives because her motivation should be to provide a social service to the community and her desire to help. Furthermore, it is necessary to respect the conditions and requirements stipulated in the contract by the intended parents. For their part, they commit to taking care of the medical expenses for the pregnancy and childbirth and to carry out all legal steps so that the parentage is transferred.

There are no specific access requirements, other than a demonstrable economic capacity to be able to raise the child and cover process related expenses.

The Colombian Constitution (Article 96) defines as Colombian citizens by birth those individuals whose parents are natural or Colombian citizens (Jus Sanguinis) or who, being children of foreigners, one of the parents is domiciled in Colombia at the time of birth. The child will thus acquire Colombian citizenship at the moment of birth.

With the relinquishment of parental rights by the surrogate mother, the names of the commissioning parents will be recorded on the birth certificate.