Surrogacy Around the World

May 29, 2023

The process of surrogacy may seem innovative and new to the general population, however it dates back to centuries before today. For a long time, the leading country in artificial insemination and surrogacy pregnancies was the U.S., nevertheless with recent advances in technology and competitive prices in the market, parent(s) searching to conceive a child via surrogate have been looking other ways, more exactly to South America.

When choosing a destination for the surrogacy process, several factors come into play, it should not only be the price of the procedure that decided the intended parent(s) mind(s). As a result, issues like pricing, fertility technology, legal framework, juridical protection, clinic service and many others should be considered to decide the location of the surrogacy process. However, it is a fact that no destination is perfect to perform the surrogacy procedure and even though some states might have good conditions for surrogacy, the prices could be excessive.

As mentioned before, expenses in a surrogacy process in the U.S. have skyrocketed, ranging in between the prices from $100,000 to $200,000 USD overall. This situation has left an open spot for countries like Colombia to position themselves as the preferred destination for surrogacy around the world. Whereas the pricing of surrogacy in Colombia drops drastically in comparison to the $200,000 USD billed in the US, this does not mean a reduction in the quality of service and procedures.

If you are interested on starting your family via gestational carrier, Colombia is a great destination for surrogacy. Available fertility facilities, gestational carriers and great legal advice are at hand in our country.

In our firm, AGT Attorneys, we have a great team of lawyers in Family Law expertise fully prepared to provide legal guidance regarding surrogacy in Colombia. Our professionals are fully trained to make the various contracts and legal procedures to secure a legal and safe surrogacy.

We invite you to request an appointment at the following WhatsApp number: +57 310 570 6331 or leave a message in the contact form located on this page.

How to select surrogacy jurisdictions?

As mentioned before, pricing can and should not be the deciding factor to decide the country where the surrogacy process takes place. In AGT Attorneys, we recommend a list of factors for the intended parent(s) to take into account before starting their journey. Take into consideration that this list in no way is restrictive, and any other factor that apply to your specific situation may be considered:

1. Performance history of the country with surrogacy:

When selecting the country, it is important to know the track record of the state with surrogacy. This means, being well-informed of issues like when was surrogacy legally accepted in the country, how long does a surrogacy process usually takes in the country, the treatment received by international intended parent(s) in the state, and so on.

Since this information is significant for the overall process, intended parent(s) should be informed beforehand. However, when hiring a surrogacy attorney, the legal professional will give an exhaustive breakdown of the history of the country to the intended parent(s).

To learn more about the faculties of a surrogacy attorney, read our blog in this link.

2. The legal framework of the state:

Surrogacy laws change depending on not only in the country but in the continent in which it is located. The legal framework of a state is one of the key components to decide if the surrogate process can take place in the selected country. The issues to review are essential, taking into account the process involves human beings like children, a specially protected group by international law. On the first hand, it must be determined if surrogacy is legal or prohibited in the state, that would discard the destination immediately or not.

As soon as that is established, the additional aspects include:

• Management of egg/sperm donation.
• Protection of biological parent(s) legal rights.
• Management of gestational carrier legal rights.
• Registration and immigration process for the newborn child.

It is essential to be sure how all these topics are managed before starting a process in a country, most importantly to avoid unnecessary legal disputes that delay the delivery of the baby and might hinder the rights of all the parties involved.

3. Selection process and recruitment of the gestational carrier:

One of the main pillars of the surrogacy process, if not the most important, has to be the gestational carrier. Intended parent(s) pay a great deal of attention to the person who will carry their child for 9 months. In that sense, the eligibility criteria, depending on the intermediary service of their choice, should play a determining role in the country of their selection.

The Verona Principles are the international legal recommendations that protect gestational carriers, intended parent(s) and newborn children born through surrogacy, however, there are no universal requirements that a gestational carrier must accomplish to become one. In this sense, it is up to the countries and the intended parent(s) judgment to decide which requisites de carrier must comply with.

Depending on the existing protocols and regulations of the country and medical intermediaries, the gestational carrier must:

• Be in her 20s and early 30s
• Have or have not been a mother before
• Have or have not given birth through cesarean surgery
• Financial stability

In relation to prior paragraphs, the conditions, and requirements will completely be up to the intermediary medical service provider. In that sense, it will be a decision that the intended parent(s) will have to revise before taking a decision.

Where is Surrogacy allowed in the world?

The international system is composed of 193 states recognized by the United Nations. The variety of states are composed by different territories, governments, populations, and legal systems. In the last aspect, the legal system, is where intended parent(s) have to focus when determining a country to perform their surrogacy process.

As mentioned before, there is no international legal norm that regulates surrogacy in the international legal system. Every sovereign state has the determination to regulate surrogacy in their territories, and whoever wants their children to be born in their country would have to abide by their legal system.

The question of is "surrogacy legal or not?" is far more complex than initially thought, since we are discussing states from different legal systems, like common law and civil law. These are the most common categories to understand how surrogacy is regulated around the world:

LEGAL CATEGORY	COUNTRIES
Commercial and altruistic surrogacy are allowed	Colombia, Russia, and Ukraine.
Commercial and altruistic surrogacy are not allowed	Spain, Norway, and Guatemala.
Commercial and altruistic surrogacy are not yet regulated	United States, Chile, and Dominican Republic.
Commercial surrogacy is not allowed, altruistic is not regulated	Australia, Netherlands, and Argentina.
Commercial surrogacy is not allowed, altruistic is allowed	Canada, South Africa, and New Zealand.

The process of bearing a child via surrogate can initially be thought as a medical process exclusively. However, as the implications grow wider the legal implications of finding a fertility clinic, a surrogacy location, a gestational carrier and a surrogacy attorney show that surrogacy is a widely legal process.

It is imperative to be aware of the regulations that apply to the country where the intended parents plan to proceed with their surrogacy, first and foremost to carry out a legal and safe surrogacy. From then on, the legal proceedings like documentations and drafting of legal contracts will be key to the objective of the surrogacy: the delivery of the child.

If you have any questions on which are the best jurisdictions to have your child via surrogacy, or you want to learn more about the terminology used in this article, don't hesitate to contact us through our WhatsApp number : +57 310 570 6331 or leave a message in the contact form located on this page.

In AGT Attorneys, we work with surrogacy attorney with years of experience in surrogacy that will guide you in the step by step to have your child in a safe and legal way.

Where is surrogacy prohibited?

More increasingly than before, intended parent(s) have found themselves in the position to search for locations other than their original national countries to perform surrogacy. This is due to the rising prices of the procedure in recent years, but most importantly because, some governments that didn't see a need to regulate the issue before have decided to do it now. The result of this legal regulations have come negatively: surrogacy has been banned in some countries.

This is the list of countries that prohibit surrogacy in their internal laws:

Italy

Spain

France

Portugal

Bulgaria

Germany

Cambodia

Saudi Arabia

Philippines

Indonesia

Iceland

Morocco

However, these countries are the examples found that completely prohibit surrogacy in their legislation, it is important to review each legal system when starting a surrogacy process. Essentially, states can regulate surrogacy and allow it inside their territory but limit their nationals to travelling abroad and having children via surrogate with international gestational carriers. This is the case in some parts of Australia, where intended parent(s) cannot hire the services of international surrogates. It might be repetitive, but surrogacy as a legal process needs a surrogacy attorney without fail. All issues concerning jurisdiction, immigration, legal documentation, birth certification, nationality and so on can only be handled by a lawyer with experience in several areas of law like international private law and family civil law. If you have any questions on which are the best jurisdictions to have your child via surrogacy, or you want to learn more about the terminology used in this article, don't hesitate to contact us through our WhatsApp number : +57 310 570 6331 or leave a message in the contact form located on this page. How much costs a surrogacy in the world? Having child(ren) through surrogacy is a decision that should be taken considering varying factors. As a result, the quality of the treatment, legal regulations of the country, overall health of the gestational carriers should play a balance into deciding the procedures and jurisdictions of surrogacy. However, we are aware that fertility treatments have an inclination for being expensive, and at the end of the day, financial status should not be a barrier for intended parent(s) to start their families. As a result, the prices of surrogacy around the world play a determining role in the residing jurisdiction for surrogacy. **Ukraine will not be included in this list, taking into account the international humanitarian crisis and violation of human rights happening right now in the country. Although some prices are lower than others, prices of surrogacy does not have a direct relationship with the quality of the treatment. Due to scientific and technological advances, medicine has been accessible to more and more people around the globe to an accessible price, and flows of cash and economic dynamics have changed the value of the currency of some countries. This, mentioned before, has lead to competitive prices for the same quality procedures and medical processes. Surrogacy in Colombia Colombia is one of the best destinations for surrogacy in the world, if not the best. This means, that intended parents from all over the world can and should come to Colombia to carry out their surrogacy pregnancies in the country. South America, specifically Colombia, has become one of the top destinations for medical tourism. When people are searching for a country to perform procedures related to surrogacy, what they are looking for are the health care costs and facilities to provide this service with excellent quality. Colombia is the leader in the field of medical tourism since they have affordable treatment facilities with superior service. Additionally, surrogacy is a legal practice in Colombia, taking into account that no internal law nor the political constitution of the country have prohibited it. Moreover, it is a practice that has been present in Colombia for over more than 20 years, leaving the country, their clinics, and their lawyers with vast experience in the field. Consequently, surrogacy in Colombia is available for everyone. This means that single parent(s), same-sex and straight couples can utilize the service of surrogacy to carry their child via surrogate. The National Constitution of Colombia is very strict on the prohibition of discrimination based on sex, gender, sexual orientation and disabilities. As mentioned before, the prohibition of discrimination is extensive to foreigners, which translates that intended parent(s) from different nationalities that wish to select Colombia as their surrogacy jurisdiction will be guaranteed with civil rights and will be able to perform a safe and legal surrogacy. The immigration process of the newborn child and registration of the birth certificate will be done with the guidance of a surrogacy attorney. Are you searching for personalized legal advice on the process of surrogacy in Colombia? Colombia has become one of the top destinations for performing surrogacy, if not the best. Colombia's competitive prices, excellent legal experience and quality of medical treatments have positioned the country as the ideal site for surrogacy procedures around the world. However, there are existing barriers for intended parents coming from abroad, like national laws and regulations that are far from their understanding. This is when a surrogacy lawyer comes in handy, as a guide into the legal regulations for surrogacy in Colombia in a language that the intended parents can understand. Additionally, they will perform their traditional roles of drafting legal documents, handling child custody cases, handling financial compensation matters and any other issues that may arise before, during and after surrogacy. In AGT Attorneys we have a great team of experts in Family Law fully capable to provide exceptional legal services and guidance regarding surrogacy in Colombia. Our professionals are trained to manage contractual issues, supervision, follow-up and civil procedures required to conduct a legal and safe surrogacy. In AGT Attorney, our lawyers will accompany the intended parent(s) from the beginning till the end of the process. Write to us on our Contact Form, schedule your legal appointment with our lawyers through the following link or contact us at +57 310 5706331.