Legislator proposes bill to ban surrogacy in Colombia

A bill has been introduced in the Colombian Congress to ban surrogacy, commonly referred to as “rent-a-womb,” in order to curb “the reproductive exploitation of women and prevent children from being turned into objects of a transaction.”

The bill’s explanatory statement notes that the initiative responds to calls from the Constitutional Court, which has urged Congress in four separate rulings to legislate on surrogacy, as the lack of regulation “has direct consequences for the fundamental rights of the pregnant women and the children born through this practice.”

Rep. Luis Miguel López Aristizábal, the bill’s author, noted that this legal loophole has caused the country to become “one of the main destinations for so-called ‘reproductive tourism,’ where couples come from abroad to buy babies in Colombia.”

The bill states that, “for example, the Tammuz Family agency, which works with the Celagem Clinic and four other clinics in Bogotá, claims on its website that ‘surrogacy in Colombia is accessible to same-sex couples and single men seeking a more affordable path to fatherhood.’”

The proposed legislation also indicates that “costs for plans in Colombia start at USD $63,500 (for the basic plan involving donation of ova/eggs). At an exchange rate of 3,400 pesos [63,500 x 3,400], this equates to 215.9 million pesos (for a basic plan), of which the surrogate receives between 25 million and 40 million pesos. This demonstrates that more than 85% of the profits from this business remain with the clinics and intermediaries.”

What the bill establishes

A statement from López Aristizábal’s office notes that “the bill does not criminalize the pregnant woman.” Instead it establishes the criminal offense of “reproductive exploitation through surrogacy” — whether altruistic or commercial — and penalizes those who promote, broker, finance, or organize it with “prison sentences of 120 to 192 months [10-16 years] and fines ranging from 500 to 1,500 times the minimum wage, with aggravating factors applicable in cases involving the womanʼs vulnerability.”

These sanctions also apply to Colombian citizens who have engaged in surrogacy abroad, whether in whole or in part.

In addition to protecting the surrogate mother from having to return payments received, the law establishes that “for all legal purposes, the mother of children gestated or born in Colombia is the woman who carries and gives birth to them,” i.e., not the individual or couple buying the baby.

The introduction of the measure was attended by international activist Olivia Maurel, author of the Spanish-language book “Where Are You, Mom?” who was born via surrogacy. During a forum, Maurel contributed to the debate “her own experience and the perspective of someone born through this procedure.”

“It is crucial that this law be passed at this time, as it will protect Colombia’s most vulnerable women” and “prevent children from being born through this practice and having to suffer the consequences of the surrogacy lobby,” she noted.

“Do this for your country, for your women, and for your children,” said Maurel, spokeswoman for the Casablanca Declaration for the universal abolition of surrogacy.

During the presentation, López Aristizábal stated that the bill has the backing of 15 lawmakers from various parties, such as the Liberal Party, the Conservative Party, the National Salvation Movement, the Democratic Center, the Historic Pact, and Dignity and Commitment.

This story was first published by ACI Prensa, the Spanish-language sister service of EWTN News. It has been translated and adapted by EWTN News English.