Chile advances a bill banning surrogacy, uniting political forces to affirm the dignity of women and the innocence of children.
Newsroom (29/01/2026 Gaudium Press) The Family Committee of the Chamber of Deputies of Chile approved in general terms, on Tuesday, Bill 17337-07, which seeks to prohibit and penalize surrogacy in the country. The initiative, backed by parliamentarians from across the political spectrum, was described as a historic step in safeguarding the dignity of women and children and in rejecting the commodification of life.
The bill received the support of deputies Juan Irarrázaval (Republican Party), president of the Family Committee, along with Patricio Rosas (FA), Sara Concha (PNL), and Arturo Barrios (PS). International experts, including the Casablanca Group of Experts and Reem Alsalem, the UN Special Rapporteur on Violence Against Women and Girls, praised the decision. Alsalem emphasized that “the only coherent measure” when governments consider the consequences of the surrogacy market “is its prohibition,” echoing the UN’s call for the universal abolition of the practice.
Protecting Life from Commodification
According to the text, surrogacy represents a form of commercialization of pregnancy that exploits women, particularly those in marginalized or impoverished situations. The bill criminalizes not only the act of surrogacy itself but also the promotion, intermediation, and organization of such arrangements, aligning Chile with growing international concern that these practices constitute a new form of human trafficking.
The legislation classifies surrogacy as contrary to the essential dignity of motherhood, as it involves the use of the female body as an instrument to produce a child who then becomes the object of a contract. Legislators warn that this breaks the natural maternal bond and confuses the child’s sense of identity. “A child is not a product nor a right to be claimed,” asserts the bill, emphasizing that there is no human right to have a child, but rather an obligation to respect the inherent rights of every human being.
Ethical and Legal Foundations
The bill explicitly prohibits both commercial and altruistic surrogacy, whether traditional or gestational. This reflects the authors’ conviction that every form of surrogacy, even when devoid of financial gain, objectifies women and disrupts the intimate moral and biological relationship of motherhood.
Citing the United Nations report of October 2025, the text reiterates that surrogacy must be recognized as a “system of violence, exploitation, and abuse.” The proposal’s ethical framework stresses that the human body and its functions cannot become the subject of a contract, recalling that even organ donation is strictly regulated due to its exceptional nature. The same moral principle, it argues, must apply to the generation of human life.
Legal Adjustments and Penalties
The proposed legislation modifies Chile’s Civil Code, explicitly excluding surrogacy from the articles on assisted reproduction. Under the Penal Code, those who intermediate, perform, or publicize surrogacy agreements would face imprisonment and fines between 50 and 100 monthly tax units.
Furthermore, Law No. 19.620 on the Adoption of Minors would be amended to prevent the adoption of children born through surrogacy contracts. The Health Code would also prohibit any medical facility from transferring eggs or promoting surrogacy procedures. Violations would be attributed directly to the responsible institution.
The project strengthens the Organic Code of Courts, adding sanctions for acts that threaten public morality and the integrity of minors, including those committed abroad by Chileans or residents of Chile.
A Step Toward International Consensus
The Casablanca Group of Experts has welcomed Chile’s initiative, commending the leadership of Congressman Irarrázaval for fostering broad political unity around a cause rarely embraced across ideological lines. The group called on Chile to join efforts already underway in countries such as Italy, which leads an international push to draft a treaty under the United Nations framework that would ensure the universal abolition of surrogacy.
This legislative advance occurs as the world prepares to commemorate the centenary of the Convention for the Abolition of Slavery in 2026 — a reminder, supporters say, that human dignity must never be subordinated to economic interest or personal desire.
Through this initiative, Chile reaffirms that motherhood is not a service, but a sacred vocation bound to the natural order of life, and that both women and children are to be protected from all forms of exploitation. The bill will now advance to further parliamentary discussion before a final vote in the National Congress.
- Raju Hasmukh with files from Infocatholica
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