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Surrogacy Insights


Traditional values deeply influence societal values in Chile.  Despite the separation of church and state, the Catholic Church maintains a notable influence on Chilean society.  This influence frequently extends into public policy and national legislation.  Rarely do bills that conflict with societal and Catholic values pass into law.  Concepts like dignity, faithfulness, and family sanctity pose challenges in reproductive rights legislation.  For example, a 2008 bill proposed penalizing surrogacy but remains unenacted, leaving surrogacy unregulated. Since that time no other bills regarding the subject of surrogacy have been presented for a vote to either chamber of Congress. 


Parental Rights

Judges rely on a biological test in the Chilean Civil Code to determine maternity, considering the woman who delivers the child as the legal mother.  An application must then be made to the court, with DNA proof of a genetic connection, to remove the surrogate’s name from the birth certificate. 


LGBTQ+ Society

Chile has made significant strides in recognizing and safeguarding the rights of the LGBTQ+ community. In a historic move in 2021, Chile’s Congress overwhelmingly voted to legalize same-sex marriage, marking a pivotal moment in the country’s journey toward equality.  Both chambers of Congress demonstrated strong support for the legislation, reflecting a growing societal acceptance of diverse forms of love and family.  President Pinera emphasized the importance of freedom, including the freedom to love and form meaningful relationships.  The new law officially came into effect on March 10th, 2022, heralding a new era of inclusivity and equality for all Chileans.


Surrogacy is Thriving

Until comprehensive legislation is introduced, surrogacy remains legally ambiguous, presenting challenges for those involved.  Despite this, surrogacy is a thriving business in Chile. 




Future Legal Developments


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


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