Surrogacy Insights

Surrogacy in Venezuela exists within a legal vacuum, as there are no specific regulations or pending laws governing the practice. Consequently, parental rights in surrogacy cases are determined by the interpretation of the law by individual judges. This discretionary power allows judges to decide whether to declare the surrogate as the mother or to include the intended parents’ names on the birth certificate.

The absence of standardized guidelines has resulted in a lack of uniform decisions across surrogacy cases in Venezuela.  Each case is heavily influenced by the judge presiding over it, leading to varying outcomes and legal precedents.

Despite the legal ambiguity, surrogacy continues to thrive in Venezuela. The demand for surrogacy services persists, with individuals and couples seeking alternative reproductive options to fulfill their parenthood dreams.

However, the lack of a regulatory framework raises concerns regarding the protection of the rights and interests of all parties involved in surrogacy arrangements.  Without clear guidelines, legal uncertainties and potential disputes may arise, highlighting the need for comprehensive legislation to address surrogacy in Venezuela.

Warning

US Department of State has a Level 4 (Red) warning about travel to Venezuela. In addition, the following warning has been issued:

• There is no legal framework for foreigners or same-sex couples to pursue surrogacy in Venezuela.  According to Venezuelan law, the birth mother of a child born in Venezuela is the legal mother.  Surrogacy agreements between foreign or same sex intending parents and gestational mothers are not enforced by Venezuelan courts. 
• If you decide to pursue parenthood in Venezuela via assisted reproductive technology (ART) with a gestational mother, be prepared for long and unexpected delays in documenting your child’s citizenship.  Be aware that individuals who attempt to circumvent local law risk criminal prosecution.