LGBTQ+ Surrogacy in Argentina, Colombia, and Mexico: A Comparative Overview


Surrogacy, as a path to parenthood, has become increasingly important within the LGBTQ+ community. In countries such as Argentina, Colombia, and Mexico, where the legislation surrounding surrogacy varies, understanding the unique dynamics for LGBTQ+ individuals and couples is crucial. This article provides a comparative overview of LGBTQ+ surrogacy in these three countries.

Argentina: Progressive Attitudes, Legal Ambiguities

Argentina is often celebrated as one of the most progressive Latin American countries regarding LGBTQ+ rights. It became the first country in the region to legalize same-sex marriage in 2010, and the country has anti-discrimination laws in place protecting sexual orientation and gender identity.

However, Argentina's legal framework for surrogacy remains ambiguous as it lacks explicit surrogacy legislation. This situation may present potential challenges for LGBTQ+ individuals or couples seeking to have a child through surrogacy. Yet, there have been several instances where courts have ruled in favor of intended parents in surrogacy arrangements, reflecting an evolving attitude toward surrogacy.

Colombia: Legal Recognition and Limitations

Colombia, similar to Argentina, is a regional leader in LGBTQ+ rights, having legalized same-sex marriage in 2016 and adopting progressive gender identity laws.

In terms of surrogacy, the Colombian Constitutional Court ruled in 2009 that surrogacy agreements are not contrary to the law, provided they are altruistic. While this allows for LGBTQ+ individuals and couples to pursue surrogacy, the prohibition of commercial surrogacy means that compensation beyond reasonable expenses is not permitted. This limitation could potentially restrict the pool of available surrogates, impacting the accessibility of surrogacy for all prospective parents, including those within the LGBTQ+ community.

Mexico: A State-by-State Approach

Mexico's approach to surrogacy is complex due to the country's federal system, where each state has the authority to regulate surrogacy independently. The states of Tabasco and Sinaloa have permitted commercial surrogacy, which has been utilized by national and international intended parents, including those from the LGBTQ+ community.

However, other states have stricter regulations, with some like Querétaro and San Luis Potosí outright banning surrogacy. In terms of LGBTQ+ rights, Mexico has seen significant progress, with same-sex marriage recognized in several states and anti-discrimination laws in place.

Navigating LGBTQ+ Surrogacy in Latin America

The landscape of LGBTQ+ surrogacy in Argentina, Colombia, and Mexico is a tapestry of progressive societal attitudes, evolving legal stances, and unique state-level regulations. As such, LGBTQ+ individuals and couples considering surrogacy in these countries must navigate a complex terrain.

The Surrogacy Institute offers a comprehensive range of services and resources designed to guide prospective parents through their surrogacy journey, offering support tailored to the unique needs and considerations of the LGBTQ+ community.

If you are looking for the best surrogacy attorney and agency in Colombia and Latin America, we highly recommend you use Maria Fernanda, with the firm Bioetica Derecho. We do not recommend you work with any other surrogacy attorney or agency in Colombia. To reach out to Maria Fernanda click here.

For more information about LGBTQ+ surrogacy options in Argentina, Colombia, Mexico, and beyond, visit us at

If you're ready to embark on your surrogacy journey, download our Free Guide to Surrogacy at

At the Surrogacy Institute, we guarantee a holistic, honest, and transparent surrogacy journey starting at $50,000. Let us accompany you on this unique path to parenthood. We're ready when you are.

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