How surrogacy in Colombia works, step by step
Every program is a little different, but most follow the same ten stages. Knowing them helps you ask the right question at the right time, before the money moves.
Short answer. Most programs follow ten stages: learn the legal route, verify a provider, sign contracts with independent advice, medical screening, embryos, matching, transfer and pregnancy, birth and registration, U.S. citizenship paperwork, then travel home. We could not verify typical durations, so ask for a written schedule.
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 are the steps of surrogacy in Colombia?
- Learn the legal route. Read the legal guide and the 2026 ban bill guide, then speak with an attorney in Colombia before you pay anyone. Ask how your child will be registered.
- Choose and verify a provider. Use the checklist. Check that the clinic is enabled in the health registry (REPS), that the agency is a real company and that the contract is clear.
- Sign contracts with independent advice. You need your own attorney. The carrier needs hers, chosen outside the agency. See carrier protections. Agree in writing on money, refunds and each failure scenario.
- Medical screening and decisions about embryos. Intended parents and gamete providers are tested. Decide on donor eggs or sperm, testing of embryos (PGT) and how many embryos will be made. Read the medical risks guide.
- Matching with a carrier. The provider screens carriers medically and psychologically. Ask how, who pays for it, and what contact you may have with her. Her consent must be free and informed.
- Legal clearance and preparation. Before the transfer the carrier takes medical tests and the contracts are signed. Ask whether the legal clearance letter is issued by an attorney, as the American Society for Reproductive Medicine recommends (ASRM 2022).
- Embryo transfer and pregnancy. One embryo is usually transferred to the carrier. The pregnancy lasts about nine months if it goes to term. Ask what happens if the transfer fails or if there is a complication.
- Birth and registration in Colombia. The birth is recorded at a registry office or notary. Parentage is established through a route accepted in Colombia, and this step decides what documents you receive (what can go wrong).
- Citizenship, DNA and the passport. A baby born abroad is not automatically a U.S. citizen. You will need evidence of the genetic or gestational tie and of legal parentage. See citizenship.
- Travel home. Apply for the documents, plan the stay and the flight with your attorney, and make sure the baby has health coverage. See bringing your baby home.
What is the difference between gestational and traditional surrogacy?
In gestational surrogacy the carrier has no genetic tie to the baby. The embryo is made in a lab with eggs and sperm from the intended parents or donors. In traditional surrogacy the carrier also provides the egg. The American Society for Reproductive Medicine's fact sheet defines gestational carrier care this way (ASRM). Providers in Colombia that serve international clients describe their programs as gestational. The Court's 2009 case, T-968, involved a woman who gave birth with her own eggs, and the Court protected the bond between her and the children (T-968). Traditional surrogacy is therefore a much higher legal risk. Ask any provider to confirm in writing that no part of your baby's genetic material comes from the carrier.
Who does what in a surrogacy?
| Who | What they do | What to check |
|---|---|---|
| Intended parents (you) | Provide consent, gametes or embryos, funds and decisions about the child. | You have your own attorney, you read the contracts and you know who holds the money. |
| Surrogate (gestational carrier) | Carries the pregnancy and gives birth. Keeps authority over her own medical decisions. | She has her own attorney and a contract she understands, and counseling. |
| Fertility clinic | Does the lab work, medical screening and the transfer. Provides prenatal and birth care or refers to hospitals. | Enabled in the health registry for the services it offers. Ask for its records and who is responsible for complications. |
| Agency | Finds and coordinates the carrier, clinic, lawyers and logistics. | It is a real company, its roles are in the contract and it does not guarantee what it cannot. |
| Attorneys (yours and hers) | Draft and explain contracts, plan the parentage route and handle court or registry steps. | They are independent of the agency, licensed and experienced in this exact situation. |
| Registry and courts | Record the birth and decide any parentage dispute. | You know the route and who appears on the record. |
| U.S. embassy | Assesses the child's citizenship and issues documents. | You know the evidence it asks for before the birth. |
What changes if you use donor eggs or donor sperm?
The embryo is made with gametes from a donor. You will select a donor through the clinic or a bank. Ask how donors are screened, what records exist and what rights you and the donor have. We could not find a specific Colombian statute on gamete donation, and press reports describe a regulatory gap and say that donors receive compensation for their time (RCN, 2022). A donor generally cannot pass on U.S. citizenship (USCIS Policy Manual). So the genetic tie of the intended parents matters for the paperwork.
Do you have to travel to Colombia?
Providers differ, and we could not verify a standard rule. Many ask intended parents to be present for the birth and the first weeks. Some programs ship frozen embryos or gametes, which brings its own import and export questions. Ask for the exact visits in writing, including how many days you must stay after birth. A U.S. citizen can enter Colombia without a visa. A national newspaper reports that the Foreign Ministry allows 90 days, extendable to 180 in a calendar year (El Tiempo, April 2025). Confirm with the Foreign Ministry or Migración Colombia before you book.
What happens if the embryo transfer fails?
A transfer may not lead to a pregnancy. We do not quote success rates because we could not verify any that apply to your case. What matters in your contract: how many transfers are included, who pays for another one, what happens to remaining embryos, what happens if the carrier stops after a loss, and what is refunded. See what you pay for.
Where do families get stuck?
- Paying everything before the legal route is clear.
- Assuming the birth certificate and the passport are the same step.
- No written answer about who holds the funds.
- Not asking for the DNA and document plan before the birth.
- A contract that does not say what happens if the law changes.
How do contracts and consent work?
Several documents are usually signed before any medical step. One is the agreement between the intended parents and the carrier. Another is the agreement with the agency and the clinic. Each person should sign only after a lawyer who works for that person has explained the document. ASRM recommends a fully executed legal agreement before any treatment and a clearance letter from counsel before the IVF cycle (ASRM 2022). Check that the contracts say who is paid, when and from which account, what happens if a transfer fails, if the pregnancy ends, if the baby has a health problem, if you separate or if the law changes. Because Colombian courts decide parentage case by case, a contract shows what everyone intended but does not decide who the legal parents are (legal disputes).
What happens at the birth and in the first weeks?
The carrier gives birth at a hospital that was agreed in advance. The hospital issues a live birth certificate, which is used to register the birth at a notary or registry office. Depending on the route, the record may first name the carrier, and a court or notary step may follow. In parallel, the baby needs a DNA test if the embassy asks for one, an apostille on the record, and the U.S. documents (documents checklist). Most families stay in Colombia during this time. We found no official length for this stage, so ask both attorneys for the plan and budget extra days.
What are the alternatives to surrogacy in Colombia?
Surrogacy abroad is one path among several, and it is reasonable to compare. Other options include surrogacy in the United States, where gestational carrier care is governed by state law and FDA requirements according to ASRM (ASRM fact sheet), adoption, donor conception or foster care, and in some cases remaining child-free. We do not rank them. They differ in cost, legal certainty, time and ethics. Ask your own attorney and doctor to compare them for your situation, including what each path does for your child's legal identity.
When should you slow down or walk away?
Stop and ask for answers in writing if the agency will not name the carrier's attorney, will not say who holds the money, promises outcomes, pressures you to pay quickly or cannot explain the route for the birth record and passport. You may also decide to pause if a ban bill moves forward or if your attorneys disagree. Walking away before you pay is far cheaper than after.
Key takeaways
- Plan the legal route and the documents first, then the medical steps.
- The carrier should have her own attorney and counseling.
- Ask for a written schedule, refund rules and money-holding terms.
- Gestational, not traditional, surrogacy is the model that providers describe.
What to ask
- Which clinic does the procedures, and is it enabled in the health registry?
- How many transfers are in the program and who pays for more?
- What do the contracts say about complications and about the law changing?
- What do we sign, with which attorney, before we pay?
- Who holds the funds and when does each payment leave?
Common mistakes
- Treating the agency as your lawyer.
- Skipping questions about the carrier's support.
- Waiting until the birth to ask about the baby's passport.
Next step
Estimate the timeline, then read how costs are built and how to choose a provider.
Frequently asked questions
How does surrogacy work in Colombia?
Most programs follow ten stages: learn the legal route, verify a provider, sign contracts with independent advice, complete medical screening, decide on embryos, match with a carrier, transfer and pregnancy, birth and registration, citizenship paperwork and travel home. Each program varies, so ask for the stages and costs in writing.
Do I have to travel to Colombia for the transfer and the birth?
Providers differ and we could not verify a standard rule. Many ask intended parents to be present for the birth and the first weeks. Some programs ship frozen embryos. Ask for the exact visits and the number of days you must stay after birth, and confirm in writing.
Can I start while living outside the United States?
Some providers say yes, but legal and citizenship steps depend on your situation, including where you are a citizen and have lived. U.S. citizenship rules include physical presence in the United States by the citizen parent. Ask an immigration attorney before you begin.
What is the difference between gestational and traditional surrogacy?
In gestational surrogacy the carrier has no genetic tie to the baby, because the embryo is made with eggs and sperm from the intended parents or donors. In traditional surrogacy she also gives her egg. Legal risk is higher in traditional cases. Ask a provider to confirm in writing which type it offers.
How many embryos are transferred?
The American Society for Reproductive Medicine strongly recommends single embryo transfer in all gestational carrier cycles, because twins add health risks for the carrier and babies. The decision is made with a doctor. Ask your clinic for its policy and what is in the contract.
What if the embryo transfer fails?
A transfer may not lead to pregnancy. We cannot give success rates. Your contract should say how many transfers are included, who pays for extra ones, what happens to remaining embryos and what is refunded. If a provider promises a result, treat that as a warning.
Who should sign the contract for the surrogate?
The carrier should have her own attorney, chosen outside the agency, who explains the contract in her language before she signs. The American Society for Reproductive Medicine says each party should have independent legal counsel. If the agency picks and pays her lawyer alone, ask for a different arrangement.
Is a contract enough to protect me?
No. A contract shows intent, but Colombian courts decide parentage and nationality case by case. You also need a registration plan, an immigration attorney for your child's documents and clear money terms. Ask your attorney what happens if a judge decides differently from the contract.