Carolina Marín Pedreño discusses new emerging jurisdictions in international surrogacy: Mexico and Colombia

Surrogacy, the arrangement in which a woman carries and delivers a child for another person or couple, has become an increasingly sought-after option for individuals facing infertility, medical conditions, or same-sex couples wishing to have biological children.

As surrogacy laws vary across the globe, many countries have enacted stringent regulations, while others provide more lenient frameworks, creating emerging jurisdictions for international intended parents. In our practice the number of intending parents applying for a parental order when the surrogacy arrangements have taken place in Mexico and Colombia has increased significantly in the last five years.

Mexico and Colombia are two nations gaining recognition as destinations for surrogacy services due to their more flexible legal frameworks, lower costs, and growing medical expertise.

Mexico
Mexico offers a complex and fragmented legal landscape. While surrogacy is not regulated at the federal level, certain states, particularly Tabasco and Sinaloa, have enacted specific laws that legalise and regulate surrogacy arrangements. In these states, intended parents are drawn to Mexico due to the relative ease of the process and the absence of lengthy wait times typically found in more regulated countries.

In Tabasco, for example, surrogacy is explicitly legal under state law, and the state has been known to facilitate surrogate agreements that are recognised by Mexican courts. The law allows for gestational surrogacy (where the surrogate carries an embryo that is not biologically related to her) and stipulates that the intended parents are granted full parental rights after the birth, simplifying the legal process. However, other states in Mexico, such as Guerrero, have unclear or inconsistent regulations, which can make the surrogacy process more complex and less predictable.

The growing popularity of Mexico as a destination for international surrogacy is largely due to its relatively low costs and medical expertise. However there are some international concerns in respect of the ethical approach to the surrogates.

Colombia
Surrogacy in Colombia is legal. The country’s legal system permits gestational surrogacy (where the surrogate mother carries the child but has no genetic link to the baby). It is regulated by the Colombian Constitution and Court rulings. The Colombian government and courts have taken a progressive stance on surrogacy, with the country’s Constitutional Court ruling in favour of upholding surrogacy agreements that protect both the rights of intended parents and surrogates.

However, surrogacy is limited in scope. According to Colombian law, surrogacy arrangements are only allowed for heterosexual couples who are unable to conceive due to medical reasons. Same-sex couples or single individuals face significant challenges in accessing surrogacy services in Colombia, although there is increasing debate surrounding the rights of LGBTQ+ individuals to access these services.

In terms of legal parental rights, Colombia ensures that intended parents can acquire legal recognition as the child’s parents once the baby is born, ensuring a smooth transition of parental rights. However, the process of establishing legal parenthood can take time, and all agreements must be approved by the Colombian family courts before any medical procedures begin.

The country’s medical infrastructure, particularly in cities like Bogotá and Medellín, is known for its high standards in fertility treatments. The cost of surrogacy in Colombia is generally lower than in the U.S. In addition to lower costs, Colombia is gaining a reputation for its ethical approach to surrogacy. Fertility clinics in Colombia adhere to strict medical and ethical guidelines, providing a more transparent process for both surrogates and intended parents.

Key Takeaways  
Mexico and Colombia are emerging as significant players in the global surrogacy market. Both countries offer more accessible and affordable surrogacy options compared to many Western nations, attracting international intended parents seeking affordable and reliable reproductive services.

As surrogacy becomes an increasingly viable solution for families worldwide, it is crucial that these emerging jurisdictions continue to balance the demands of medical tourism with ethical standards, ensuring that surrogacy remains a positive, equitable experience for both surrogates and intended parents.

The team at Dawson Cornwell are specialists in both domestic and international surrogacy agreements and disputes, family formation and assisted reproduction rights.. With Spanish speaking lawyers who are also cross qualified in  Spain and Mexico, we can work seamlessly to provide cost-effective and comprehensive advice and solutions.

Should you need any advice about surrogacy, we at Dawson Cornwell would be happy to assist you with this. Please do not hesitate to contact us on +44 (0)20 7242 2556 or mail@dawsoncornwell.com

Carolina Marin Pedreño

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.