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Surrogacy Insights


Surrogacy remains unregulated in Bolivia, as the country lacks specific laws governing the practice. In 2001, a proposed bill intended to legalize surrogacy was introduced but ultimately failed to garner approval from the National Congress. The bill aimed to allow surrogacy as a last resort, potentially limiting eligibility to couples in stable relationships. However, it remained unclear whether commercial surrogacy would be permitted under the proposed legislation.  Since then, no other surrogacy bill has been presented for consideration, leaving the legal status of surrogacy in Bolivia uncertain.


LGBTQ+ Community

The Bolivian Constitution provides protections against discrimination based on sexual orientation and gender identity.  It explicitly prohibits discrimination on various grounds, including sexual orientation, ensuring equal rights and protections for LGBTQ+ individuals.  Article 14 of the Constitution states that all persons are equal before the law and prohibits discrimination based on various factors, including sexual orientation and gender identity.  Additionally, Article 14(II) specifically prohibits discrimination based on sexual orientation.  Furthermore, in recent years, Bolivia has made strides in recognizing and protecting LGBTQ+ rights. In 2016, Bolivia’s highest court ruled in favor of recognizing civil unions between same-sex couples.   This ruling granted gay couples similar rights as heterosexual couples in areas such as inheritance, property ownership, and healthcare.  This decision marked a significant advancement in LGBTQ+ rights in Bolivia, although full marriage equality has yet to be achieved.  Challenges and discrimination still exist but there is a solid foundation for the protection of LGBTQ+ rights.


Bolivia & Surrogacy

Despite the absence of legislation, Bolivia has seen surrogacy thrive as an international destination.




Future Legal Developments


  • At present, there is no available information regarding any forthcoming legislation.



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