What a surrogate should have: protections to look for in Colombia
A surrogacy is only as fair as the position of the woman who carries the pregnancy. This is the standard we use to judge a provider. It combines medical and ethics guidance with what we could verify about Colombian law. It is our policy, not a legal requirement.
Short answer. A surrogate should have her own attorney paid outside the agency, a contract she understands, clear payment terms, health coverage, counseling and the final say over her medical care. Colombia has no statute that sets these protections, so they depend on the contract and on the provider.
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 protections should a surrogate have?
| Protection | Why it matters | What guidance says | What to ask a provider |
|---|---|---|---|
| Her own attorney | So her consent is informed and her interests are represented. | ASRM: carriers need separate counsel whose duty of care is to her alone. Intended parents may pay for it, but she should be free to choose her attorney. | Who is her attorney, who chose that person and when did she first meet her? |
| A contract she understands | So she knows risks, pay and duties before she signs. | ASRM recommends a fully executed legal agreement before any treatment. | Is it in her language, and did she have time to read it? |
| Fair, clear payment | To avoid undue pressure and confusion. | ASRM: payment is ethically justifiable if it is not an undue inducement and does not depend on the birth of a healthy child. Escrow is increasingly used. | How much, when, in what form and who holds the money? |
| Health coverage | So complications do not fall on her. | ASRM: adequate health care coverage for pregnancy care. | Who pays for complications, a cesarean and postpartum care? |
| Counseling | To support her before, during and after. | ASRM: access to counseling during and after participation. | Who provides it, who pays and for how long? |
| Control of her medical decisions | Her body, her decisions. | ASRM: she keeps ultimate authority over her own care, and a contract cannot compel a procedure. | Does the contract ever limit her choices about prenatal tests or her care? |
| Freedom of movement and privacy | She is not confined or controlled. | No Colombian statute; a 2026 draft bill would ban clauses that restrict movement or confine a carrier. | Does she live at home? Who holds her documents? |
| Someone independent to raise concerns | To speak without fear. | ASRM: support and counseling; our policy. | Can she contact her attorney or a doctor without the agency present? |
The ASRM statements come from its 2023 ethics opinion and its 2022 practice guidance (2023; 2022). The draft-bill reference is the text of Bill 052 of 2026 (article 10). It is not law.
What does Colombian law say about a surrogate's rights?
Colombia has no surrogacy statute, so no law lists a carrier's rights. Several court texts and one agency touch the subject. In T-968 the Court quoted conditions that scholars propose for a future law: the carrier is an adult, is healthy in body and mind, has no profit motive and has medical and psychological care before, during and after pregnancy. These were proposals, not binding rules (T-968). The child welfare agency (ICBF) lists exploitation of women in vulnerable situations as a risk in its 2026 guidance (ICBF). In T-275 of 2022 the Court said leaving the carrier unprotected after birth would be contrary to the social state and treated her postpartum leave as a seven-week medical incapacity for her recovery (T-275). Nothing there is a general rule for every carrier. So her protection is mostly in the contract and in the provider's practice.
Can a surrogate change her mind?
There are two meanings. Before the transfer, ASRM says her consent must be free and informed, and a contract cannot compel her to undergo a procedure. After the birth, the law is unsettled in Colombia. We found no statute, and a 2026 draft would say that no clause can force her to give up the child against her will after birth. See legal disputes and ask the carrier's attorney, not only yours.
Can a surrogate be paid in Colombia?
Sources disagree. No statute settles whether she may be paid or only reimbursed. Providers call money "compensation." In T-127 the ICBF told the Court that the agreement should be altruistic. The 2026 draft bill treats pay above documented costs as profit. ASRM calls payment ethically defensible when it is not an undue inducement. Ask a Colombian attorney how any payment is described in your contract and in the law on the day you sign. This is a question for our legal reviewer too.
What are the warning signs?
- The agency chooses and pays the carrier's attorney, and she has never spoken to the attorney alone.
- Payments are delayed or made in cash without records.
- She cannot speak with anyone outside the program.
- She is pressured to sign quickly or in a language she does not read.
- She is told to live in housing run by the agency, or to give up her ID.
- Money is held by the agency alone.
If you see these signs, ask for explanations in writing and consider walking away. See the checklist and our ethics policy.
How can intended parents act respectfully?
Treat the carrier as a person who makes her own decisions, not as a service. Pay on time. Let her attorney and doctor speak freely. Ask for her wishes about contact before and after birth. Respect her medical decisions. Do not pressure her about her diet or movement beyond what her doctor advises. These are practices, not legal rules, and they apply to every family, whatever its shape.
Key takeaways
- She needs her own attorney, a contract she understands, clear pay, health cover and counseling.
- Colombia has no statute that sets these. The contract and the provider decide.
- The law is unsettled on payment and on changing her mind. Ask a local attorney.
What to ask
- May I see the carrier's attorney's name and confirm they met without the agency?
- How is she screened and supported, and who pays for her care after birth?
- Where is the money held and when is she paid?
Common mistakes
- Assuming the agency protects her.
- Skipping counseling to save time.
- Treating her as an employee without rights.
Next step
Read the ethics guide and medical risks.
Frequently asked questions
What protections should a surrogate have in Colombia?
Colombia has no statute that lists them, so they depend on the contract. Good practice is her own attorney, chosen outside the agency, a contract she understands, clear payment terms, health coverage, counseling and the last word on her medical decisions. Ask the provider to show each in writing.
Is a surrogate paid in Colombia?
Sources disagree. No statute settles whether a carrier may be paid or only reimbursed for expenses. Providers call payments compensation, and a 2026 draft ban would treat pay above documented costs as profit. Ask a Colombian attorney how your contract describes payment and whether it is lawful when you sign.
Can a surrogate change her mind?
Before the transfer her consent must be free and informed, and a contract cannot compel her to undergo a procedure. After birth, Colombian law is unsettled. We found no statute, and a 2026 draft would say that no clause can force her to give up the child. Ask the carrier's attorney as well as your own.
Who protects the surrogate's health?
Her own doctors, her attorney, the clinic's protocols and the contract. ASRM says she should have adequate coverage for pregnancy care and access to counseling during and after. Ask who pays for complications, a cesarean and postpartum care, and for how long counseling is provided.
Should the surrogate have her own lawyer?
Yes. ASRM says carriers need separate counsel whose duty of care is to her alone. Intended parents can pay, but she should be free to choose. If the agency picks and pays the only lawyer she sees, her advice may not be independent. Ask for a different arrangement.
What are the warning signs of an unfair surrogacy program?
Warning signs include an agency-chosen attorney she never met alone, cash or delayed payments, no contact with anyone outside the program, pressure to sign quickly or in a language she cannot read, confinement or control of her documents, and money held only by the agency. Ask for explanations in writing and consider walking away.