Colombia's 2026 surrogacy ban bill: what it says and what it means
In July 2026 a member of the Chamber of Representatives filed a bill to ban surrogacy. It is only a proposal. This page explains the text we could read and what to ask your provider.
Short answer. A bill filed on 20 July 2026 (P.L. 052 of 2026, Chamber) would ban surrogacy in Colombia, void contracts, ban intermediaries and set prison terms of 10 to 16 years. It is not law and must pass four debates. Press reports about a second bill disagree on what it does.
Not legal or medical advice. This guide is written by an independent publisher, not by a lawyer or doctor. Surrogacy law abroad is unsettled and changes. Talk to an attorney in the country where the surrogacy will happen and to an attorney in your home state before making any decision.
What is the 2026 bill to ban surrogacy in Colombia?
On 20 July 2026 a bill numbered 052 of 2026 was filed in the Chamber of Representatives. The text on the Chamber's website is signed by Representative David Gerardo Cote Rodríguez of the Centro Democrático party (Chamber of Representatives, bill text). Its title says it bans surrogacy "in the national territory," prevents "reproductive exploitation" of women and child trafficking, and puts assisted reproduction linked to surrogacy under control.
A news report from 21 August 2026 describes the same ban and says it was announced by Representative Luis Miguel López with support from several parties (Publimetro). Another outlet from 20 August 2026 says a López bill would regulate surrogacy and set limits (Minuto60). Sources disagree on who filed what and on whether there is one bill or two. We read only the 052 text.
The bill is not law. A bill must pass four debates, and the press notes that at least 16 earlier bills since 1998 were archived without becoming law. We could not find reports on committee progress. Check the Chamber's records or ask an attorney for the status on the day you read this.
What would the bill change if it became law?
Below is our plain-language summary of the filed text. The text may change in Congress. Article numbers refer to the filed draft.
| Topic | What the draft says | Article |
|---|---|---|
| Contracts | Surrogacy contracts "for profit" would be void from the start. A court ruling would not be needed. | 3 |
| Payments | No one could offer, give or receive payment or any advantage for surrogacy or for handing over the baby. This includes using companies or trusts to move the money. "Profit" means any pay above certified medical and living costs. | 2 and 4 |
| Intermediaries | Recruiting, connecting and intermediating between carriers, parents and clinics would be banned (the text says paid or unpaid, with a profit motive). Companies could lose their legal status. Lawyers, notaries and accountants who help could be barred from practice for 5 to 20 years. | 5 |
| Advertising | Ads and promotion of surrogacy services or "packages and guarantees" would be banned. Academic and news publications without a commercial offer are excluded. | 6 |
| Foreign parents | Immigration would set up controls to spot foreigners who come to use surrogacy. Visas for that declared purpose would not be issued. Foreign parents could face immigration measures and criminal action. | 7 |
| Clinics | Health providers registered with the national registry (REPS) could not perform, facilitate or advertise surrogacy. A national traceability registry of carriers and children would be created. | 8 and 9 |
| Carrier rights | Information on risks, informed consent before a notary, psychological support for up to 24 months after birth, and a rule that no contract can force her to give up the child against her will after birth. | 10 |
| The child | Motherhood is set by birth. The birth record would name the woman who gave birth, and any change would need a final court ruling. Exit from the country for a child going to live with foreign intended parents would follow the international adoption rules. | 11 |
| Penalty | Prison of 120 to 192 months and a fine of 500 to 1,500 monthly minimum wages for those who promote, finance, organize, recruit, intermediate, advertise or carry out surrogacy. The carrier acting as a victim would not be punished. | 13 |
| Transition | Processes already under way would have to be reported to the Ministry of Health within 90 days. Children already born would keep their parentage, nationality and rights. Intermediary companies would have 90 days to close or change their business. | 15 |
One point needs care. Article 1 describes a ban on surrogacy "for profit," while the explanatory text speaks of a ban "with or without" payment, and article 13 does not mention profit. A lawyer should read how those parts fit together. We are not saying how a court would read it.
Does the bill affect families who start a process now?
If the bill passed as filed, article 15 says ongoing processes must be reported and children already born keep their rights. It does not say how a pregnancy in progress or a frozen embryo would be treated beyond that. Article 11 would also change exit rules for a baby going abroad with foreign parents. Because the text could change, we cannot tell you what would happen to a specific case. Ask your provider and attorney now, before you pay.
What should you ask a provider because of this bill?
- Are you aware of Bill 052 of 2026 and any other 2026 bill? What is your plan if it passes?
- Does the contract say who pays and what is refunded if surrogacy becomes illegal before the transfer, during the pregnancy or after birth?
- Where is the money held, and can you get it back at each stage? (See what you pay for.)
- Is the carrier's attorney independent, and does she know about the bill?
- Would you move the program to another country, and who would pay for that?
Is the political debate settled?
No. The Court has asked Congress since 2009 to choose between a ban, free practice or limited practice. Experts quoted by the press disagree. One lawyer in Asuntos Legales argued that prohibition would push the practice into informality, while others call for a ban. A United Nations expert asked states in 2025 for a treaty banning all surrogacy (IPS News). Read the ethics guide for the arguments.
Key takeaways
- A bill to ban surrogacy was filed on 20 July 2026. It is not law.
- The draft would void profit contracts, ban intermediaries and ads, and punish with prison.
- Press reports disagree about a second bill that would regulate. We could not confirm it.
- Ask every provider for a written plan if the law changes.
Common mistakes
- Assuming the bill is already law, or that it cannot pass.
- Relying on a provider that says "it will never pass" without a written contract clause.
- Paying large sums before you know how the money is protected.
Next step
Return to the legal guide, then read what can go wrong and how to choose a provider.
Frequently asked questions
Is surrogacy banned in Colombia in 2026?
No. A bill to ban surrogacy was filed in July 2026, but it is not law. It must pass four debates in Congress. At least 16 earlier bills since 1998 were archived. Until a law is passed and published, surrogacy remains neither regulated nor expressly banned. Check the status of the bill before you sign anything.
What does Bill 052 of 2026 propose?
The filed text would void for-profit surrogacy contracts, ban intermediaries and advertising, create a national registry, and add a crime with 120 to 192 months in prison. It would give the carrier a right not to hand over the child against her will. The text may change in Congress.
Would the bill punish the surrogate?
The draft says the carrier who acts as a victim would not be punishable. It would punish people who promote, finance, organize, recruit, intermediate, advertise or carry out surrogacy. It also lists higher penalties for health workers, lawyers, notaries and cases with a foreign element. This is the filed text only.
Would children already born be affected?
The draft says children born before the law keep their parentage, nationality and rights. Ongoing processes would have to be reported to the Ministry of Health within 90 days. It does not say how a pregnancy or a frozen embryo in progress would be treated. Ask an attorney.
Is there a bill to regulate surrogacy instead?
Press reports disagree. One outlet says a Representative filed a bill in August 2026 to regulate surrogacy with limits. Another describes the same representative backing a ban. We could not read a second text. Treat this as to verify with the Chamber of Representatives.
What should I ask my agency about the bill?
Ask for a written plan if the law changes: what is refunded, where the money is held, who pays for a move to another country and what happens to embryos. A provider that avoids the question or only says it will not pass gives you a reason to slow down.
Would foreign intended parents be affected?
The draft would have Colombian immigration build controls to spot foreigners who travel for surrogacy and would not issue visas for that declared purpose. Foreign parents could face immigration measures and criminal action. U.S. citizens now enter without a visa, so this would be a real change. The text could change.