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# The ethics of assisted reproduction

- Topic

Techniques that help people conceive raise questions about access, donors, spare embryos and who may become a parent.

Updated Nov 13, 2026

## Key points

- Constitution, art. 42: children conceived naturally or with scientific assistance have equal rights and duties.
- Law 1953 of 2019: defines infertility (no pregnancy after 12 months or more of unprotected intercourse) and orders a public policy and a registry of centres (arts. 2 to 6).
- Criminal Code, art. 134: punishes fertilising human eggs for purposes other than procreation and trafficking in gametes, zygotes or embryos.
- Debated issues: fair access, donor anonymity, spare embryos, multiple pregnancy, age and family structure.
- The Constitutional Court (T-968 of 2009) noted that surrogacy is neither regulated nor expressly forbidden.

## What it is

Assisted reproduction covers techniques that handle eggs, sperm or embryos to achieve pregnancy, such as insemination and in vitro fertilisation. WHO defines infertility as a disease of the reproductive system and estimates that it affects about one in six people of reproductive age. The ethical questions are many: who has access and who pays, whether gamete donors should be anonymous, what happens to spare embryos, how many embryos are transferred, whether there are limits of age or marital status and whether payment for gametes is allowed. In Colombia the Constitution gives equal rights to children conceived with scientific assistance, Law 1953 of 2019 orders a public policy on infertility and the Criminal Code punishes trafficking in gametes and embryos, but there is no general law regulating these techniques.

## Structure

- Justice and access: WHO notes that treatment is hard to obtain in low- and middle-income countries and that inequity hits poor or unmarried people hardest.
- Gamete donation: one argument defends anonymity to protect the donor and the family; another defends the right of the person born to know their genetic origin.
- Paying donors: some see it as fair compensation for discomfort and risk; others fear it turns the body or gametes into a commodity and pressures people in financial need.
- Spare embryos: the options are to keep them frozen, donate them to others, donate them to research or discard them; the judgement depends on the moral status given to the embryo.
- Number of embryos: transferring several raises the chance of pregnancy but also of multiple pregnancy and its risks for the mother and the newborns.
- Who may access: single people, same-sex couples, older women or reproduction using gametes of a deceased person; positions range between reproductive autonomy and the interests of the future child.

## In clinical practice

- Informed consent must cover the risks, the real success rates, the fate of spare embryos and what happens if the couple separates or one partner dies.
- Before embryos are created, ask about and record in writing what the patients want done with those not transferred.
- Tell people using donated gametes that the person born may want to know their origin.
- Avoid judging patients' family structure; access decisions should rest on clinical and legal criteria, not personal preference.

## Legal framework in Colombia

- Political Constitution of 1991, art. 42 (equality of children conceived with scientific assistance).
- Law 1953 of 2019: guidelines for the public policy on preventing and treating infertility; the Ministry of Health regulates publicly funded access (art. 4) and keeps a single registry of centres and gamete and embryo banks (art. 6).
- Law 599 of 2000 (Criminal Code), art. 134: fertilisation of and trafficking in human embryos.
- No general law regulating assisted reproduction techniques in Colombia was found on official sites. Texts checked on 2026-11-13 in Jurinfo, the official legal compilation of the Special Jurisdiction for Peace.

## Test yourself

Think of the answer, then tap the question to see it.

## What does art. 42 of the Colombian Constitution say about children born through assisted reproduction?

That children conceived naturally or with scientific assistance have equal rights and duties.

## How does Law 1953 of 2019 define infertility?

As a disease of the reproductive system that prevents a clinical pregnancy after 12 months or more of unprotected intercourse.

## What gamete-related conduct does art. 134 of the Criminal Code punish?

Trafficking in human gametes, zygotes or embryos, as well as fertilising eggs for purposes other than procreation.

## Which two positions clash in the debate on gamete donor anonymity?

Protecting the privacy of the donor and the family versus the right of the person born to know their genetic origin.

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## Connections

## Related 5

- [Moral status: who counts, the five theories and degrees](https://durgical.com/en/medical-ethics/moral-status-who-counts-the-five-theories-and-degrees/)
- [Surrogacy in the Constitutional Court rulings](https://durgical.com/en/medical-ethics/surrogacy-in-the-constitutional-court-rulings/)
- [Prenatal and preimplantation diagnosis: the ethical questions](https://durgical.com/en/medical-ethics/prenatal-and-preimplantation-diagnosis-the-ethical-questions/)
- [Embryo research, stem cells and cloning](https://durgical.com/en/medical-ethics/embryo-research-stem-cells-and-cloning/)
- [Justice: fair distribution and equal treatment](https://durgical.com/en/medical-ethics/justice-fair-distribution-and-equal-treatment/)

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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: [Infertility (fact sheet)](https://www.who.int/news-room/fact-sheets/detail/infertility) (World Health Organization, 2025); [Ley 1953 de 2019, política pública de prevención de la infertilidad y su tratamiento](https://jurinfo.jep.gov.co/Normograma/Compilacion/docs/ley_1953_2019.htm) (Jurisdicción Especial para la Paz, Jurinfo, 2019); [Ley 599 de 2000, Código Penal](https://jurinfo.jep.gov.co/Normograma/Compilacion/docs/ley_0599_2000.htm) (Jurisdicción Especial para la Paz, Jurinfo, 2000); [Sentencia T-968 de 2009](https://www.corteconstitucional.gov.co/relatoria/2009/T-968-09.htm) (Corte Constitucional de Colombia, 2009).

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License: CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). Cite as: DurgiPedia (durgical.com), https://durgical.com/en/medical-ethics/the-ethics-of-assisted-reproduction/