Colombia has no comprehensive statute regulating assisted reproduction or surrogacy. Colombia’s family welfare agency (ICBF) describes a “legislative gap”: surrogacy is not expressly prohibited, but it is also not regulated, and around 16 bills since 1998 have been archived. The rules that exist come from the Constitution, a 2019 infertility law, and Constitutional Court rulings. In practice, clinic policies and your contracts govern donor eggs, genetic testing and embryo storage, so get every term in writing and, for surrogacy, use lawyers in Colombia and your home country.
How Colombian fertility law actually works
Many countries have one law covering IVF, donors, embryo limits and surrogacy. Colombia does not. Based on the official sources we checked in October 2026, the framework is built from four pieces:
- The Constitution. Article 42 gives children conceived with scientific assistance the same rights and duties as other children, which ICBF reads as recognizing assisted reproduction as legitimate.
- Law 1953 of 2019, which sets guidelines for a public policy on preventing and treating infertility and defines assisted human reproduction therapies (“terapias de reproducción humana asistida”).
- Constitutional Court rulings, which have filled gaps case by case, especially on surrogacy and on the rights of children born through it.
- Clinic protocols and contracts, which in practice decide most of what a foreign patient experiences: donor selection, embryo numbers, testing and storage.
Laws and court positions can change. Treat this page as a map for asking the right questions, not as legal advice.
Topic by topic: what we could verify
| Topic | What official sources show | What that means for you |
|---|---|---|
| IVF with your own eggs and sperm | Recognized as legitimate; no statute found restricting foreign patients | Access depends on the clinic’s policies |
| Donor eggs or sperm | No specific statute found on donor anonymity, compensation or donor limits | Clinic or bank policy governs; ask for it in writing |
| PGT (embryo genetic testing) | No specific statute found | Clinic policy governs, including whether it reports sex; do not assume |
| Embryo storage and disposition | No specific statute found | Your signed consent forms govern; read them closely |
| Surrogacy | Not expressly prohibited; unregulated; shaped by court rulings; Congress urged to legislate | Highest legal risk; needs lawyers in both countries |
| LGBTQ+ couples | Same-sex marriage has been recognized since a 2016 Constitutional Court decision | Treatment access is set by clinics; parentage at home is the bigger issue |
“No statute found” means we could not locate a specific law in the official sources we checked. It does not mean anything goes. Health regulations, professional standards and general contract and family law still apply, and a Colombian lawyer can confirm the current position for your case.
Surrogacy in Colombia: legal but unregulated
ICBF’s technical-legal guidance on surrogacy (“subrogación para la gestación”) says Colombian law contains no express prohibition on surrogacy agreements, describes a legislative gap, and notes that roughly 16 bills since 1998 have all been archived. It lists Constitutional Court decisions on the subject, including T-968 of 2009, T-398 of 2016, T-316 of 2018, SU-074 of 2020, T-357 of 2022, T-127 of 2024 and T-232 of 2024, and notes that the Court has warned for more than 16 years that the practice needs regulation.
The 2024 ruling T-127 is the most important recent one for foreign intended parents. In it, the Court:
- Described serious risks of unregulated surrogacy, including statelessness and uncertain legal parentage for children, a higher risk of child-selling when the woman carrying the pregnancy is paid, exploitation and trafficking.
- Ruled on the general situation because of the legal gap, beyond the single case before it, and included an exhortation directed at Congress and the Ministry of Justice to address the issue.
- Cited data from one fertility center (Repronat/CELAGEM) showing that 96.78% of the people who used its assisted-fertilization services in 2022 were foreign nationals.
As of this writing we could not confirm that Congress has passed a surrogacy law in response. If you are considering surrogacy in Colombia, ask a Colombian family lawyer for the current status before signing anything. Our gestational carrier legal overview and HowToHaveABaby’s surrogacy guide explain the general legal concepts.
Donor eggs, donor sperm and PGT
Because no specific statute covers donor programs, the questions that other countries answer by law become questions for your clinic:
- Donor anonymity and future contact. Can your child ever learn the donor’s identity? Is there any registry?
- Donor screening. Which infectious disease, genetic carrier and psychological screening is done, and can you see the results?
- Donor limits. How many families can one donor help?
- Fresh or frozen eggs, and how many eggs you are guaranteed; see our comparison of fresh vs frozen donor eggs.
- PGT. Which lab does the testing, what it reports, and the clinic’s policy on reporting or selecting by sex.
If you plan to bring embryos or donor sperm from home, read our guide to moving frozen embryos or eggs between clinics and countries first.
LGBTQ+ couples and single parents
Colombia’s recognition of same-sex marriage means a married same-sex couple’s relationship is legally recognized there. For treatment, what matters most is the clinic’s own policy on who it treats and how it records parentage in consent forms. Two common paths:
- Two women: donor sperm with IUI or IVF, or reciprocal IVF where one partner provides eggs and the other carries. See our guide to reciprocal IVF.
- Two men or a single man: donor eggs plus a gestational carrier, which brings in every surrogacy risk above.
The legal weak point for most foreign LGBTQ+ families is not Colombia but home: making sure both parents are legal parents in your own country, which may require a court order or second-parent adoption. Our LGBTQ+ family building hub and HowToHaveABaby’s same-sex family building options cover the options.
IVF and donor-egg IVF in Colombia are workable; surrogacy needs serious legal planning.
- Usually discussed when
- You are comparing treatment abroad for cost or access reasons.
- Main upside
- Treatment with your own or donor gametes faces few legal barriers; terms are set by clinic and contract.
- Main tradeoff
- Without a comprehensive law, protections depend on what you get in writing; surrogacy carries citizenship and parentage risk.
What to get in writing
- An all-in written quote listing medications, monitoring, retrieval, lab work, ICSI, genetic testing, embryo freezing, storage and transfer.
- The clinic’s age-specific outcome data, and how it is calculated.
- Consent forms in a language you read fluently, covering embryo use, storage, disposition, death and separation.
- Donor program terms: screening, anonymity, future contact, donor limits, number of eggs or vials.
- PGT terms: lab used, what is reported, and policies on sex reporting.
- Storage terms: annual fees, what happens if fees are unpaid, and how to move embryos out later.
- For surrogacy: separate legal counsel for you and the carrier, a written plan for birth registration, parentage and the child’s citizenship and travel documents.
Our clinic selection checklist covers the medical side of vetting a clinic, and HowToHaveABaby’s IVF abroad guide covers travel and logistics.
- IVF Abroad: The Complete Guide for Americans and Canadians (HowToHaveABaby)
- Surrogacy in 2026: Gestational Carriers, Costs, and Legal Realities (HowToHaveABaby)
- Same-Sex Family Building: A Complete Options Guide (HowToHaveABaby)
Compare accredited clinics and get terms in writing
Some patients compare accredited fertility clinics in Colombia. Ask any clinic for a written all-in quote (medications, monitoring, embryo freezing), its age-specific outcome data, and its donor, PGT and storage policies in writing before deciding. For surgery-related questions, ask the surgical team the same.
Questions? Message us on WhatsApp and we’ll point you to clinics and next steps. We may earn referral fees from partner clinics.
Frequently asked questions
Is IVF legal in Colombia for foreigners?
Yes. Assisted reproduction is recognized as legitimate in Colombia, and we found no statute restricting foreign patients. Access and terms are set by each clinic.
Is surrogacy legal in Colombia?
It is not expressly prohibited, but it is not regulated by statute. ICBF describes a legislative gap, and the Constitutional Court has repeatedly urged regulation, most recently in rulings such as T-127 of 2024.
Will a baby born through surrogacy in Colombia be Colombian?
Not automatically. Under Law 2332 of 2023, as explained in T-127 of 2024, a child born in Colombia to foreign parents is Colombian by birth only if a parent was domiciled there, which requires a valid visa held for three continuous years.
Are donor eggs anonymous in Colombia?
We could not find a statute that settles donor anonymity. Ask the clinic in writing what donor information is kept and whether your child could ever access it.
Can same-sex couples do IVF in Colombia?
Colombia recognizes same-sex marriage, and many clinics treat same-sex couples. Treatment access is set by clinic policy; securing both parents’ legal parentage in your home country is the main legal task.
Sources & guidance
- ICBF (Instituto Colombiano de Bienestar Familiar): Orientaciones técnico-jurídicas, Subrogación para la gestación (2026 collection); checked October 2026
- Corte Constitucional de Colombia: Sentencia T-127 de 2024