Should You Go to Colombia for Surrogacy?

In this video, I explain why Australians should pause before pursuing surrogacy in Colombia. As an experienced family and fertility lawyer, I want to be upfront: this is complex territory. If you are considering international surrogacy, you need to involve an expert surrogacy lawyer early — not as an afterthought. I walk through the legal landscape in Colombia, highlight the practical and criminal risks faced by Australians, outline typical timelines and costs, and give practical steps to protect your family-making journey.

Why Colombia is an attractive — yet risky — option

Colombia currently carries out surrogacy arrangements in significant numbers and, on the surface, some aspects can look attractive. Intended parents are often recognised on the Colombian birth certificate: the biological father is placed on the certificate and later a court order removes the surrogate so the other parent can be recorded. That smooth-looking recognition of parentage is one reason people look at Colombia.

But there are two fundamental issues to be aware of: first, surrogacy in Colombia is essentially unregulated; second, the legal environment is in flux. The Constitutional Court of Colombia has repeatedly called for regulation, but Parliament has not yet enacted a comprehensive legal framework. I’ve spoken with colleagues in Colombia who expect a law to be introduced that could either severely restrict or effectively ban surrogacy for foreigners. That means the rules can change suddenly — the “roller doors” could come down mid-journey.

“You don’t want to voluntarily put yourselves through that risk.”

Real-world examples of surrogacy crises

The risk isn’t hypothetical. There have been numerous international surrogacy crises in recent years that trapped intended parents mid-process. I’ve seen clients in the fallout from sudden legal changes or public-health emergencies in places such as India, Nepal, Thailand, Cambodia, the Mexican state of Tabasco, Greece (2023) and Argentina (2024), not to mention the pandemic years. When the law or practice changes unexpectedly, intended parents can be left with unborn children, newborns, or legal limbo that lasts months or longer.

Why this matters for Australians

If you live in Australia and travel overseas for surrogacy, you need to consider both the foreign law where the surrogacy takes place and Australian law that governs recognition of parentage and potential criminal liabilities. In some Australian jurisdictions, engaging in commercial surrogacy overseas can be an offence. That adds a serious layer of risk to any international surrogacy plan.

Which Australian laws could apply to you?

If you are an Australian resident or citizen thinking about foreign surrogacy, check these risks carefully with expert surrogacy lawyers:

• Queensland, New South Wales and the Australian Capital Territory: engaging in commercial surrogacy overseas can constitute an offence. That means if a surrogate is paid, or if the arrangement is considered commercial under those jurisdictions’ laws, you could be committing a criminal offence.
• South Australia, the Northern Territory and Western Australia: there are pathways where overseas commercial surrogacy can also lead to offences. The statutory approach differs between states and territories, and the legal exposure can vary.
• Victoria and Tasmania: while the mechanics of Colombian surrogacy are not by way of adoption, it’s important to note that in some circumstances engaging in overseas adoption-style arrangements as a route to parentage can also attract criminal penalties. Each state and territory handles recognition and criminality differently.

Because the statutory wording and prosecutorial approach differ across Australia, you must obtain specific local advice from specialist surrogacy lawyers who understand both the overseas jurisdiction and the Australian state or territory law that applies to you.

Typical Colombian surrogacy process and timeline

It’s helpful to understand how surrogacy in Colombia typically unfolds so you can see where the risks lie. Common elements include:

• Medical procedures and embryo transfer occur in Colombia under local clinics.
• At birth, the biological father is often placed on the Colombian birth certificate.
• After birth, intended parents typically apply to a Colombian court for an order that removes the surrogate’s name from the certificate and recognises the other intended parent. That court process can take between six and 18 months in many cases.

That six-to-eighteen-month period is a crucial vulnerability. If the law or enforcement practices change during that window — for example, if Colombia introduces a ban or significant restrictions on surrogacy for foreigners — intended parents can be left in legal limbo without immediate recourse. The administrative and diplomatic hurdles of moving a newborn cross-border while parentage is unresolved are often enormous.

Costs — the financial reality

International surrogacy is expensive. From what I’ve seen, Australians pursuing surrogacy in Colombia should budget in the ballpark of AUD 120,000 from start to home — and that’s a rough estimate. Costs can be higher depending on medical complications, legal fees, agency fees, travel, and the need for contingency plans if legal problems arise.

Remember: the immediate financial outlay is only part of the equation. You must consider the cost of protracted legal proceedings, emergency repatriation, extended stays overseas, and the emotional costs associated with delays and uncertainty. Good surrogacy lawyers will help you foresee and plan for these contingencies.

Practical steps before you commit to Colombia

If you are still considering Colombia despite the risks, here are practical steps I recommend — all to be carried out with specialist surrogacy lawyers advising you:

1. Obtain tailored legal advice from experienced surrogacy lawyers in both Australia and Colombia. You need cross-border legal visibility: what the Colombian process will deliver and how Australian law will treat the outcome.
2. Confirm the current Colombian legal climate. Ask your local contacts or the agency for written confirmation of current procedures, plus legal opinions from Colombian counsel about likely changes and how they would be implemented.
3. Insist on contingency planning. Contracts and agency arrangements should contain provisions for what happens if surrogacy is restricted or banned mid-process, and you should know how funds will be held and released.
4. Secure immigration advice. How will the child obtain travel documents and Australian citizenship recognition if parentage is in doubt? Have plans for emergency consular assistance and the procedures for Australian recognition of the child.
5. Prepare financially for delays. Budget for the high-end scenario where court processes, hospital stays, and legal challenges extend beyond the initial estimates.

Alternatives to consider

International surrogacy is not the only path to building a family. Before you commit to Colombia, consider alternatives that may carry fewer legal and logistical risks:

• Pursuing local surrogacy options within Australia where available and regulated.
• Exploring other overseas jurisdictions with stable, regulated surrogacy frameworks that explicitly protect intended parents and surrogates and allow clear parentage recognition.
• Investigating adoption or foster-to-adopt routes, with the caveat that adoption processes are separate legal frameworks and carry their own legal complexities and timelines.

Whatever path you choose, involve expert surrogacy lawyers early. They will help you compare risks and outcomes objectively.

Key takeaways for intended parents

• Colombia currently offers surrogacy but it is unregulated and the legal position is changing; regulation or a ban could arrive suddenly.
• Australians face potential criminal liability for engaging in commercial surrogacy overseas depending on where they live (notably QLD, NSW, ACT, SA, NT, WA have particular concerns).
• The Colombian process of placing the biological father on the birth certificate and then obtaining a court order to remove the surrogate and add the other parent can take 6–18 months.
• Budget realistically — plan for around AUD 120,000 or more, plus contingency funds for delays and legal challenges.
• Get specialist advice: consult experienced surrogacy lawyers in Australia and, if proceeding, local Colombian counsel before taking any irreversible steps.

Final words — proceed with caution and the right team

If you are considering surrogacy in Colombia, stop and get proper advice. As I tell clients, don’t commit offences and don’t inadvertently trap your family-making journey in legal uncertainty. Engage specialist surrogacy lawyers from the start: they will help you understand the law in both countries, negotiate contracts and contingency clauses, and map out the safest route home with your child.

International surrogacy can be a beautiful route to parenthood, but it is fraught with legal, financial and emotional risks when undertaken without the right legal team. If you want to discuss your options, seek out surrogacy lawyers with cross-border experience, ask for clear written legal opinions, and never sign up for a pathway that leaves you exposed to the “roller door” scenario I’ve described.

My priority as an author and practitioner is to ensure intended parents make informed decisions. If you need tailored guidance, reach out to specialist surrogacy lawyers who can review your circumstances and help you plan a safer, legally sound journey to parenthood.