👉Colombian bill banning « reproductive exploitation through surrogacy, » introduced in Congress on August 13, 2026.
The purpose of this text, as defined in Article 1, is to prohibit the practice of surrogacy in order to eliminate the reproductive exploitation of women and the commodification of children.
Article 3 establishes a criminal offense of « reproductive exploitation through surrogacy » by adding the following article to Law 599 of 2000:
Article 188F. Reproductive exploitation through surrogacy.
Any person who, directly or through an intermediary, or in the capacity of member, administrator, financier, collaborator, or representative of an organization, agency, clinic, medical center, commercial enterprise, or national or transnational network, promotes, proposes, facilitates, negotiates, or finances surrogacy agreements or contracts, or recruits, transports, houses, or accommodates a woman for the purpose of her carrying and giving birth to a child intended to be handed over to the commissioning party or to any other person, shall be liable to a term of imprisonment of one hundred twenty (120) to one hundred ninety-two (192) months and a fine of five hundred (500) to one thousand five hundred (1,500) times the prevailing monthly minimum wage.
The same penalty applies to any person who advertises, promotes, disseminates, or offers—by any physical, digital, or technological means—services, contracts, programs, agencies, or medical, tourism, or legal packages intended for surrogacy arrangements within the national territory or abroad. A surrogate mother who carries or has carried a child under a surrogacy agreement bears no criminal liability for this act.
Article 4 sets out a number of aggravating circumstances, and Article 5 penalizes Colombian citizens who engage in surrogacy—regardless of the type or form—even if the act was committed wholly or partly outside Colombia.
Article 6 of the bill declares contracts for surrogacy null and void—without the need for a court ruling—regardless of their name, form, or method of conclusion.
It specifies that the mother of children conceived or born in Colombia is the woman who carries and gives birth to them.
Finally, Article 7 provides for the protection of the surrogate mother: the State guarantees women who have carried or are carrying a child under a surrogacy agreement full protection of their rights, including access to medical, psychological, legal, and social care, as well as programs aimed at their social and professional integration under dignified conditions, without prejudice to any legal proceedings brought against those who promote, facilitate, finance, advertise, act as intermediaries for, or exploit the practice of surrogacy. |