Who can use surrogacy in Colombia? Same-sex couples, single parents and others
Every kind of family asks this first. Here is what the law and the rulings say, where the real risks are for each family type and how to check a provider that says "we welcome everyone."
Short answer. Colombian law sets no rules on who may use surrogacy, and we found no ruling that bars same-sex couples or single parents. Courts have decided cases for a single father and a male couple. U.S. citizenship turns on who is the legal parent and who is genetic or gestational. Some providers set their own limits.
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.
Can same-sex couples and single people use surrogacy in Colombia?
Colombia has no surrogacy statute, so no statute says who may or may not use it (see the legal guide). We found no court ruling that bars same-sex couples or single people. Courts have in fact dealt with both. In T-275 of 2022 a single father whose daughter was born by surrogacy with a donor egg won extra parental leave (Constitutional Court). In T-127 of 2024 the father was a single man (Constitutional Court). In SU-696 of 2015 the Court ordered the registry to register the twins of a male couple, born to a surrogate in California (Constitutional Court).
That is different from saying every provider will accept you. A clinic or agency is a private business and can set its own rules. Colombia has allowed civil marriage between same-sex partners since the Court's ruling SU-214 of 2016 (Constitutional Court).
What matters most for a different-sex couple?
You may use your own eggs and sperm, or donor gametes. If both of you are U.S. citizens and at least one of you is the genetic parent, the U.S. side is simpler, as long as you are recognized as the legal parents under the law of the place of birth. In Colombia that is the step that needs a plan (legal disputes). If neither of you is genetic, the child's U.S. citizenship needs special care, because a donor does not pass on citizenship and the carrier is not your legal parent.
What matters most for a same-sex couple?
Two questions matter: who is the genetic parent, and who is the legal parent on the birth record. The USCIS Policy Manual says a parent with no genetic or gestational tie can pass on citizenship only if he or she is married to the child's genetic or gestational parent at birth and both are the child's legal parents (USCIS Policy Manual, Vol. 12, Part H, Ch. 2). The text is written without reference to sex. We found nothing in it that treats couples differently, but we could not read the State Department's own page, which returned an error. Ask an immigration attorney how both parents will be shown on the papers.
- Plan which partner provides the sperm or eggs and whether donor gametes will be used.
- Ask how the Colombian record will name each of you, or whether it will name only the genetic parent at first. Our legal reviewer will be asked about this.
- Marriage may matter for the non-genetic parent. Ask your attorney about marrying before the birth.
- Ask if the provider has delivered for couples like you in the last year, and what documents the families received.
Some agencies advertise that they serve LGBTQ+ families. Check them like any other provider. A friendly website tells you nothing about legal results or about the carrier's protections (provider checklist).
What matters most for a single parent?
Single men and women face one extra rule. A single U.S. citizen father must show a blood relationship by "clear and convincing evidence," agree in writing to support the child until age 18 and have a legal link to the child (acknowledgment under oath, legitimation or a court order) before the child turns 18. A single U.S. citizen mother must be the genetic or gestational legal parent and meet physical presence rules (USCIS Policy Manual, Ch. 3). The father rule has consequences: a single man generally needs to be the genetic parent. Ask an immigration attorney about your case.
The cases we read show the practical risks. In T-127 the single father was a U.S. national. His child was registered with no mother after a family court action, the Colombian passport was cancelled and the case ended up in the Constitutional Court (T-127). That was a hard outcome. It does not mean every single parent will face it, and the child in that case had a U.S. nationality.
Do embryos, donors and age rules change who can be a parent?
A sperm or egg donor generally cannot pass on U.S. citizenship, because donors normally give up parental rights (USCIS Policy Manual). The USCIS manual also says an unmarried U.S. citizen parent must be the legal parent under the law where the child is born. Donors in Colombia: we could not find a specific statute, and press reports describe a regulatory gap (RCN, 2022). On the intended parents' age and health: we found no Colombian rule. Clinics set their own limits. See the medical risks guide.
Is the carrier's position different for different families?
It should not be. The carrier has her own rights whoever the parents are. The American Society for Reproductive Medicine says she needs her own lawyer, adequate health coverage and counseling, and keeps control over her medical decisions (ASRM 2023 opinion). Respect for her is part of the process for every family. See what a carrier should have.
Key takeaways
- No Colombian statute limits who can use surrogacy. Providers may set their own limits.
- Courts have decided cases for single parents and same-sex couples, but not for all situations.
- U.S. citizenship depends on legal parent status, genetic or gestational ties and, for non-genetic parents, marriage.
- Single U.S. citizen fathers have extra evidence rules.
- A "welcoming" provider is not proof of good legal or ethical practice.
What to ask
- Have you delivered for families like ours in the last 12 months? What documents did they get, and how long did it take?
- Who will be on the Colombian birth record for each parent, and how will that change?
- What do you need from us to prove a genetic link, and how is it tested?
- What do you do if we are refused entry, a passport or a record?
- Can we talk with our own attorneys before we pay?
Common mistakes
- Choosing a provider because it welcomes your family type, without checking contracts and legal results.
- Skipping the immigration attorney because the U.S. birth rules seem "neutral."
- Assuming a donor-egg or donor-sperm baby will be treated like a baby with a genetic tie.
Next step
Read how the process works and the citizenship guide.
Frequently asked questions
Is surrogacy in Colombia open to same-sex couples?
Colombian law sets no rule on who can use surrogacy, and we found no ruling that bars same-sex couples. In 2015 the Constitutional Court ordered the registry to register the children of a male couple born to a surrogate abroad. Providers may set their own policies, so confirm in writing and check results with your own attorneys.
Can a single man or woman use surrogacy in Colombia?
We found no rule against it. Courts have heard cases of single fathers, including T-275 of 2022 and T-127 of 2024. The harder part is often U.S. citizenship and paperwork. A single U.S. citizen father must prove a blood link and meet support and acknowledgment rules. Talk to an immigration attorney early.
Do both fathers need to be genetically related to the baby?
No rule says so in the sources we read, but only a parent with a genetic or gestational tie can pass on citizenship by that tie. A non-genetic parent can do so only if married to the genetic parent and both are legal parents at birth, per the USCIS manual. Ask an immigration attorney before you start.
Does Colombia recognize two fathers on a birth certificate?
In SU-696 of 2015 the Court ordered the registry to allow two men or two women in the parent fields for children born abroad to a same-sex couple. We have not confirmed how it works for babies born in Colombia through surrogacy. Ask a Colombian attorney what the record will say.
Can an LGBTQ+ couple trust an agency that says it is gay-friendly?
Treat it like any provider. Being welcoming says nothing about contracts, money protection or the carrier's independent lawyer. Ask for recent results for families like yours, a written contract, a licensed clinic and references you can reach. See our provider checklist.
Can I use donor eggs or donor sperm?
Yes, providers commonly offer donor gametes. A donor generally cannot pass on U.S. citizenship, so at least one intended parent should be genetic or the legal parent must be shown in another valid way. We found no specific Colombian statute on donation, so ask about the clinic's rules and records.
Does my age or health stop me from using surrogacy?
We found no Colombian rule on the age or health of intended parents. Clinics and agencies set their own limits, and the age of the egg provider matters for medical reasons. Ask each provider for its written policy and talk to your own doctor.