Surrogacy in Colombia, Part 2: Legal Protocol for Intended Parents

This article provides an overview of the legal procedures involved in surrogacy in Colombia. It sets out the legal steps necessary following the birth, to help ensure that the process is carried out smoothly and according to the law. A minimum time of 30 days is required to complete the legal exit process.

First Appointment: Birth Registration

      •     What to do:

We recommend the intended parents to submit the live birth certificate issued by the clinic as soon as possible.

All appointments for birth registration will be managed by the Legal Department, following the birth order and notary’s availability. Intended parents will be notified of their appointment date and time by the Legal Department.

      •     Requirements for the appointment:

Passport of the biological parent (the passport used to enter Colombia)

The biological parent must attend the appointment with the baby at the Celagem SAS office, located at Calle 93 #11-26.

The original and final registration will be ready within two business days. Once the documents are signed by the notary and ready for collection, the Legal Department will notify you to pick them up. It is not necessary to bring the baby when collecting the document.

A maximum of four registrations can be scheduled per day, based on the baby’s date and time of birth.

Baby’s Passport

      •     What to do:

After receiving the signed birth registration, our team will coordinate with José Yuripe to issue the baby’s passport. The cost is 100 USD or its equivalent in Colombian pesos.

Kindly wait for José to reach out to you regarding the passport. There’s no need to check in with the Legal Department about the status of this process.

Second Appointment: DNA Test, Power of Attorney, and Travel Permits

      •     What to do:

This appointment will be scheduled once the surrogate has received clinical approval from Celagem (typically 10-15 days after birth). The IP must wait for a notification about the appointment time and date.

      •     Requirements for the appointment:

The surrogate, the baby, and the biological parent must attend with their identification documents (passport and citizenship ID).

The appointment will take place at Celagem SAS (Calle 93 #11-26).

During this appointment, the surrogate will sign the necessary documents to initiate procedures in the biological parent’s country of origin.

We kindly ask that requests for expedited DNA tests or document signing be refrained from. These procedures depend solely on the clinical approval from Celagem, as well as the availability of the notary and genetic laboratory.

Procedures in the Country of Origin

Please be advised that all matters related to international procedures or the baby’s registration in the country of origin are handled by the biological parent’s local legal representative.

The surrogate will sign the necessary documents for the biological parent’s country during the second appointment.

Apostilles

If an apostille is needed for any document, we kindly ask the IP to inform the Legal Department so they can assist with requesting it from the notary. The department will manage the process. Payment for the apostille must be made either in cash or by bank transfer.

Processing time for apostilles depends on the notary and government offices. All apostilles will be processed as urgently as possible.

Translations

All legal documents are initially drafted in Spanish. If the biological parent requires translations into another language:

      •     The Legal Department may suggest a translator. The biological parent will need to coordinate directly with the translator.

      •     Alternatively, the biological parent may contact their country’s consulate or embassy, which usually has a list of certified translators.

Judicial Process

The legal process to remove the surrogate from the birth certificate typically takes around one year from court admission. This timeframe may vary depending on the court’s schedule.

IPs will be contacted immediately once the court ruling is issued.

After the ruling, the modification of the birth certificate will begin. This process takes approximately three months, depending on the notary’s workload. Once the modified document is ready, it will be sent to the IP digitally.

Apostille requests for court rulings are generally not necessary. If an apostille is required, there will be an additional fee.

Important Considerations

All inquiries must be made in person at the office during the afternoon. Please prepare your questions in advance to make the most of your time.

Please note our office hours – Monday to Friday, 8:30 a.m. to 12:00 p.m., and 2:00 p.m. to 4:30 p.m. The department is closed on holidays. No legal actions or procedures will take place during weekends, as public entities do not operate on those days. We recommend taking the weekend to enjoy what the city has to offer.

The Legal Department will only handle matters related to documents processed for the current surrogacy. We are not responsible for issues related to babies born in previous processes, such as immigration problems or the need for new travel permits.

Bringing Your Baby to Colombia:

You can bring your baby to Colombia after the surrogate has been removed from the birth certificate. However, you must ensure that:

      1.    The baby has the nationality of your country of origin.

      2.    The baby enters Colombia with a foreign passport, not a Colombian one.

      3.    The baby’s Colombian passport has been cancelled.

Sending Documents to your Country of Origin:

The Legal Department will not send court rulings or corrected birth certificates to your country of origin. If you require this service, you can pay for DHL shipping or deposit the cost into a designated bank account. The service fee will be communicated to you.

Behaviour:

We kindly ask that all interactions at Celagem offices remain respectful and professional, as any offensive or aggressive behaviour is discouraged. Thank you for your understanding.

Colombian Nationality:

It is not possible to retain the baby’s Colombian citizenship once the surrogate has been removed from the birth certificate, due to Colombia’s principle of jus sanguinis (nationality by descent).