Colombia Surrogacy Update: The Bill That Died
Planning surrogacy in Colombia can feel like navigating two legal systems at the same time. There is what Colombia does (or decides not to do). And there is what Australian law requires of intended parents, even when the arrangement happens overseas.
A recent development in Colombia matters because it affects whether foreign intended parents may continue pursuing surrogacy there. In short: a controversial bill aimed at restricting foreign access has effectively stalled and has not progressed.
What was happening in Colombia?
In July 2024, Colombia considered yet another attempt to restrict surrogacy. Depending on who counts, it was described as the 12th, 14th, or 15th bill in the country aimed at limiting or preventing commercial surrogacy.
The key intention behind the latest proposed change was not to debate surrogacy in general, but to target access by foreigners seeking commercial surrogacy in Colombia.
However, the bill did not move decisively through the legislative process. It was considered in the lower house and Congress, and while there were alterations during the process, it ultimately failed to progress to the point of becoming law.
The bill died for a very practical reason
Colombia is now in an election cycle, and that has a direct impact on whether laws get passed.
The bill “died” mainly because of congressional elections. When a legislative session ends and political priorities shift, bills often fall off the agenda. With presidential elections approaching in May, attention naturally turns to campaigning and the next political term rather than continuing to push through complex, politically sensitive legislation.
What this means for intended parents is important: the absence of a new law right now creates space to proceed, but it does not guarantee the issue will disappear permanently. Another bill could still be introduced later, especially if political momentum returns.
Is there currently a restriction on Australians in Colombia?
At the moment, there are no restrictions in place that would prevent Australians from undertaking surrogacy in Colombia.
That is the headline takeaway. But it is not the full compliance picture. Australian intended parents must still consider whether their involvement could trigger Australian offences relating to commercial surrogacy or commercial egg donation.
The part many intended parents miss: Australian state laws still apply
Even when the surrogacy arrangements occur overseas, Australian criminal law can still matter. In particular, offences related to commercial surrogacy and commercial egg donation can apply in multiple Australian states and territories.
These are not purely “paper” rules. They can have serious consequences for people who structure or participate in arrangements that fall within definitions of commercial surrogacy or commercial donation.
Which states and territories have surrogacy offences?
Commercial surrogacy offences can apply in the following Australian jurisdictions:
- ACT
- New South Wales
- Northern Territory
- Queensland
- South Australia
- Western Australia
Notably, commercial surrogacy offences do not apply in:
- Victoria
- Tasmania
The practical message is straightforward: where an intended parent lives in Australia can affect whether their overseas plans create criminal-law risk.
Egg donor offences can apply too
Egg donation law can mirror surrogacy law in some jurisdictions. Offences related to egg donation can also apply in the same six places where commercial surrogacy offences are relevant:
- ACT
- New South Wales
- Northern Territory
- Queensland
- South Australia
- Western Australia
This matters if the intended parent plan involves donor eggs, including arrangements that use a commercial recruitment model, donor compensation structures, or agency involvement that could be characterised as commercial.
So what should Australian intended parents do now?
The immediate Colombia update is encouraging in one way: there is currently no Colombian legal restriction that blocks Australians from pursuing surrogacy there. But that should not be treated as “permission” to proceed automatically.
A responsible next step is to confirm two layers of legality:
- Destination legality: the current Colombian position, including how any future bill could change the framework.
- Australian eligibility and offence risk: whether a person’s involvement creates an offence under the criminal laws in their Australian state or territory, including offences relating to commercial surrogacy and commercial egg donation.
Because the legal landscape can shift quickly, decisions should be made with current advice, not assumptions based on older rules or general commentary online.
Will another bill return?
It is very possible. A colleague in Colombia described the prior attempt as “performative only”. The idea is that some legislative efforts appear designed to demonstrate a political stance rather than to achieve legislative outcomes.
That said, even performative bills can be followed by genuine changes later. The responsible approach is to treat the current position as “no restriction at present”, while recognising there may be additional legislative attempts after elections settle.
If Colombia introduces new restrictions in the future, timing could become a critical factor. That is why legal planning should be happening alongside fertility planning, not after it.
Frequently asked questions
Does the bill dying mean surrogacy is safe everywhere?
No. “No restriction right now in Colombia” is not the same as “no legal risk for Australians”. Australian state-based criminal offences can still apply to intended parents depending on their location and the commercial aspects of the arrangement.
If I am in Victoria or Tasmania, am I automatically fine?
Victoria and Tasmania do not have the surrogacy offence coverage described above, but legal advice is still important because other laws, contractual issues, and practical participation risks can arise. Also, eligibility rules and compliance requirements can involve more than just one offence category.
What if I use a donor egg rather than a gestational arrangement?
Egg donor offences can apply in the same six Australian jurisdictions where commercial surrogacy offences apply. Donor egg planning can therefore raise separate legal considerations from surrogacy planning.
External references (government resources)
For general Australian legal and regulatory information (including state and territory health and reproduction policy sources), intended parents should use government websites. Helpful starting points include:
- Australian Government Department of the Attorney-General
- Australian Government Department of Health and Aged Care
These links are starting points only. They do not replace tailored legal advice for surrogacy and fertility arrangements.
Key takeaway
Colombia’s most recent bill to restrict foreign access to commercial surrogacy has not become law and has effectively stalled due to elections. For Australians, that means there are currently no restrictions preventing them from undertaking surrogacy in Colombia.
But the most important lesson remains: Australian state and territory laws can still create criminal-law risk related to commercial surrogacy and commercial egg donation. Intended parents should check their own jurisdiction before making irreversible plans.
About Stephen Page
Stephen Page is a leading Australian surrogacy and fertility lawyer, practising as a director at Page Provan Family & Fertility Lawyers. He provides practical, expert advice for intended parents navigating the complex intersection of surrogacy law, fertility arrangements, and state-based legal requirements across Australia.
