Surrogate motherhood is an assisted human reproduction method. This method is developed when a woman, in this case, genetic substitute, commits to carry a baby with the obligation to deliver him/her to the contracting parties when he/she is born. This paper reports the analysis of “Surrogate Motherhood in Colombia as a Gender Situation”, which was achieved by applying guidelines of qualitative research, investigating the Colombian Law, Jurisprudence, and Doctrine on regulation in issues of surrogate motherhood. It was found that this practice is violating the dignity of women, and gives a category of “thing” to the human being. In these two members of Centro Democrático political party, following a legal, social, and ethical study on surrogate motherhood, articulated the Bill 026, 2016, seeking to give a greater protection to women and children conceived under this method, after years of failed bills, as was the case of 037, 2009. This analysis concluded that this practice has been carried out in Colombia in a disproportionate manner, which entails the violation of human rights for both the unborn child and the newborn baby resulting from this practice, as well as for the other participants.
COLOMBIA. CáMARA DE REPRESENTANTES (2009) PROYECTO DE LEY 037 DE 2009 CáMARA. Por medio de la cual se establecen procedimientos para permitir en todo el territorio nacional la práctica de la gestación sustitutiva mediante las técnicas de reproducción humana asistida y se dictan otras disposiciones.