The following is a guest post by Louis Gilbert and Stephania Alvarez, foreign law specialists at the Law Library of Congress. Louis has previously published the following post: “Wait, It Is Not About Wigs?” – The Story of Faso Dan Fani Court Robes in Burkina Faso, and “Join Us on 11/21 for a Foreign and Comparative Law Webinar titled “Review of Law Library of Congress Research Reports Published in 2024.” Stephania has previously published the following blog posts: FALQs: Guyana-Venezuela Territorial Dispute, and Law Library Publishes New Report, “Peru: Civic Space Legal Framework.”
Please join us on June 26, 2025, at 2:00 p.m. EDT, for another entry into our Foreign and Comparative Law Webinar series with our “Two Sides of the Same Coin: The Evolution of Surrogacy Law in France and Colombia” webinar. Surrogacy and the adoption of children born through this practice have been the focus of significant legislative and jurisprudential developments around the world. The evolution of surrogacy in France and Colombia has different legal implications in each country.
In Colombia, surrogacy is neither explicitly regulated nor prohibited. Nevertheless, the Constitutional Court has addressed this topic in various rulings, in which it has established rules and requirements for surrogacy agreements and emphasized the need to protect the child’s fundamental rights.
On the other hand, surrogacy is forbidden in France, and the recognition of children born abroad is currently at the center of legal discussions. Recent developments in French jurisprudence have enabled numerous French citizens to resort to surrogacy agreements abroad. The questions of filiation and adoption are no longer framed solely around the legality or prohibition of certain practices but are increasingly approached from the perspective of the child’s fundamental rights.
Although France and Colombia adopt opposing approaches to surrogacy, their legal systems complement each other in safeguarding the best interests of the child. In Colombia, the severance of the legal bond between the surrogate and the baby allows for clear filiation between the intended parents and the child, which France now fully recognizes when it has been validly established abroad. Therefore, the absence of a specific legal framework prohibiting surrogacy in Colombia, in addition to the lower costs and greater accessibility compared to other countries, has made this country an increasingly common destination for surrogacy procedures.
Stephania Alvarez is a foreign law specialist at the Law Library of Congress. She conducts research and writes reports on a wide range of topics relating primarily to the laws of Central and South American jurisdictions. Stephania has a Bachelor of Laws from Icesi University in Colombia. She completed a dual degree program at Sciences Po in Paris, France, and Georgetown University Law Center, earning a master’s in environmental policy and a Master of Laws in environmental and energy law, respectively.
Louis Gilbert is a foreign law specialist at the Law Library of Congress. He conducts research and writes reports on topics relating to the laws of French-speaking jurisdictions. He holds a bachelor’s degree in law from the University of Essex, England, a master’s in comparative law from the Université Paris X, France, and a J.D. from American University.
To learn about other upcoming classes on domestic and foreign law topics, visit the Legal Research Institute. Please request ADA accommodations at least five business days in advance by contacting (202) 707-6362 or [email protected].
Subscribe to In Custodia Legis – it’s free! – to receive interesting posts drawn from the Law Library of Congress’s vast collections and our staff’s expertise in U.S., foreign, and international law.