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    Legal Nature of Surrogacy

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    Surrogacy is a contract lacking regulation in Colombian law, however, it is commonly practiced; it is common that in the surrogacy contract the surrogate mother is in charge of personal and non-transferable obligations that she performs under the control of the contracting party in exchange for a monthly remuneration, elements that are similar to the essential elements of the employment contract (

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    Surrogacy is a contract lacking regulation in Colombian law, however, it is commonly practiced; it is common that in the surrogacy contract the surrogate mother is in charge of personal and non-transferable obligations that she performs under the control of the contracting party in exchange for a monthly remuneration, elements that are similar to the essential elements of the employment contract (Art. 23 CST); therefore it is valid to question whether surrogacy can constitute an employment contract? If so, what are the implications for the application of labor law?



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