Surrogacy in the Constitutional Court rulings
- Court ruling
No Colombian law regulates or bans surrogacy; the Court has protected children born this way and asks Congress to legislate.
What it is
Surrogacy (gestational substitution) is an arrangement in which a woman carries a pregnancy so that another person or couple becomes the newborn's parent. Colombia has no law regulating it. The Constitutional Court has dealt with it in tutela cases: T-968 of 2009 said it is not regulated but not expressly forbidden either, and gathered a list of requirements proposed in the legal literature; T-275 of 2022 ordered full leave for a single father through surrogacy and urged the Government and Congress to regulate it; T-232 of 2024 protected the nationality of a girl born through international surrogacy and repeated the call. The Court has not said how it should be regulated: it leaves that choice to Congress.
What the Court decided
- T-968 of 2009 (18 December 2009, reporting justice María Victoria Calle Correa): a custody dispute over twins born after a verbal surrogacy-type agreement; the Court protected the children's bond with the woman who carried them and ordered protective measures while the family courts decided custody.
- T-968 of 2009: requirements proposed in the literature include: that the intended mother has physiological problems conceiving; that the surrogate does not provide the gametes; no profit motive; that the surrogate is an adult in good physical and mental health; tests and psychological assessment; that the intended parents cannot reject the child; and that the parents' death does not leave the child unprotected.
- T-275 of 2022 (1 August 2022, reporting justice Cristina Pardo Schlesinger): the lack of regulation did not justify refusing the single father the extended leave; it ordered the leave and urged the Government to file a bill within six months and Congress to legislate on surrogacy.
- T-232 of 2024 (18 June 2024, reporting justice Natalia Ángel Cabo): a girl born in Bogotá through international surrogacy lost her passport when it was shown that the surrogate had no genetic link; the Court ordered a birth registration valid to prove nationality and her passport, and repeated the calls to Congress.
Background
- Position accepting it with altruistic regulation: respects the surrogate's autonomy and the freedom to form a family, provided there is no payment beyond expenses.
- Position also accepting the commercial model: fair payment recognises the surrogate's work and may reduce clandestine arrangements.
- Position calling for a ban: fears exploitation of poor women, commodification of the child and the body, and pressure on the surrogate.
- All positions agree on protecting the child born: their parentage, nationality and care.
In clinical practice
- In consultation, the health team treats the surrogate as its own patient: she decides on her care during pregnancy and birth.
- Fertility clinics should state clearly that no law regulates these arrangements and that parentage disputes may arise.
- The surrogate's medical record is confidential, including from the intended parents, unless she authorises disclosure.
Status and official text
- Texts of rulings T-968 of 2009, T-275 of 2022 and T-232 of 2024 checked on 2026-11-13 in Jurinfo, the official legal compilation of the Special Jurisdiction for Peace, which reproduces the Constitutional Court's records.
- These are tutela rulings: they decide specific cases and set criteria, but do not create general regulation.
- As of 2026-11-13 no law regulating surrogacy was found on official sites; bills with different approaches, including bans, have been filed in Congress.
Test yourself
Think of the answer, then tap the question to see it.
What did T-968 of 2009 say about the legality of surrogacy in Colombia?
That it is not regulated but not expressly forbidden either, and that the literature considers it legitimate under art. 42 of the Constitution.
What did the Court order in ruling T-275 of 2022?
To grant the single father of a girl born through surrogacy the extended leave, and to urge the Government to file a bill within six months and Congress to legislate.
Which principle guides the Court's decisions in surrogacy cases?
The best interests of the child: protecting the child's bond, nationality and care, even without a law.
Why do some positions call for banning surrogacy?
Because of the risk of exploiting women in financial need, commodifying the child and pressuring the surrogate.
Connections
Educational content on ethics and health law; not legal advice. Laws and case law change: each page links the official text and says when it was last checked. For a real case, read the text in force and ask a lawyer or the medical ethics tribunal.
Sources: Sentencia T-968 de 2009 (Corte Constitucional de Colombia, 2009); Sentencia T-275 de 2022 (Corte Constitucional de Colombia, 2022); Sentencia T-232 de 2024 (Corte Constitucional de Colombia, 2024).
Spotted a mistake?We are always improving for the community. Tell us what is wrong and our team will review it.Report a mistake
Representative model, for educational purposes only.