There are no clear rules in Colombia as of today regarding surrogacy and a loophole persists. The current laws applied are those from a natural childbirth. This means the child must be registered with the surnames of the surrogate mother and her partner or spouse, if she has any. Only through a challenging paternity lawsuit before a judge may the commissioning parents be recognized as legal parents, and it may include genetic tests.

In July 2016, a right wing political party, Democratic Center (Colombia), has introduced for the second time a bill in order to determine the concept of surrogacy and to forbid any types of it.