Surrogacy in Mexico

Surrogacy in Mexico dramatically changed in late 2021 when the Supreme Court declared it a protected medical procedure. In certain Mexican states, intended parents now can be listed on their baby’s birth certificate immediately upon the birth. But not all jurisdictions have adopted the Court’s directives.

Jump down this article:

• Surrogacy costs in Mexico
• Is surrogacy legal in Mexico?
• Is Mexico safe for intended parents?
• Bringing your baby home from Mexico
• FAQ about Surrogacy in Mexico
• Find a surrogate in Mexico

 

Is Surrogacy in Mexico Legal?

Yes. In 2021 Mexico joined the short list of countries where compensated surrogacy is legal for married, single, gay, straight and foreign Intended Parents.

The Supreme Court decision overturned the prohibition against surrogacy by individual states. The new framework came in an overwhelming majority decision of the Court. As a result of the Court’s decision, no Mexican state can prohibit Surrogacy.

The decision has three important parts:

1. Surrogacy is a protected medical procedure

The court found that the right to form a family (and the right of a child to its family heritage) is a fundamental Human Right. To pursue this right, all individuals must have equal access to the available medical techniques. Medical techniques of IVF and gestational surrogacy are therefore protected and can’t be banned by individual states.
 

2. Intended Parents are the rightful parents of a surrogacy baby

The court found that the a child’s parentage is determined by the desire to form a family, not on genetics of circumstances of biology. A legal Surrogacy Contract demonstrates that it’s the intended parents who have this “procreational will”, and so children born through these agreements are always the legal offspring of the intended parents.
 

3. Surrogacy must be universally accessible

The Court found that all adults, without any limitation due to race, nationality or religion, have the right to marry and to conceive a family. Surrogacy in Mexico must be universally available, regardless of gender, marital status or sexual preference.
 

Is Egg Donation Legal in Mexico?

Egg, sperm and embryo donation are entirely legal in Mexico and there are plenty of IVF clinics offering such treatment to international patients. IVF with local egg donors in Mexico is available to same-sex male couples. Many clinics have surrogacy services and, thanks to donor eggs and a gestational carrier, same-sex male couples can pursue gestational surrogacy and their own biological children.

Mexico has become a regional hub for infertility treatment for North Americans. There are no legal regulations that restrict or prohibit in-vitro fertilization or egg donation treatment in Mexican clinics. Mexican clinics are well equipped and well staffed. Many Mexico clinics will perform multiple embryo transfers at the intended parents’ request. Unlike many regions, Mexican clinics will also support gender selection.
 

A final caveat…

Even though surrogacy is protected by the Courts, some states have been slow to implement the mandate. As a result, surrogacy in Mexico is still only supported in select regions. Intended Parents should consider programs in these friendly jurisdictions. These states allow a “pre-birth parentage order” that directs the birth certificate to be issued with the names of the Intended Parents.
 

What you Should Know about Surrogacy in Mexico

Is Mexico City Safe for Intended Parents?

Mexico has gotten an unfair reputation as a dangerous destination in recent years. But high crime rates in Mexico are mostly attributed to specific regions that are easily identified and avoided. Like all countries, there are areas that are welcoming to foreigners and other areas to be avoided.

Mexico City is one of the more secure cities in Mexico. It is ranked far more safe than popular tourist destinations like Acapulco or Cancun. Crime rates in Mexico City are similar to St. Louis or Milwaukee. The central areas of Mexico City are even more safe, and there are plenty of tourist destinations that are very safe.

That said, there are some areas of Mexico City where travels should avoid. These shady spots are usually contained in specific neighborhoods, making it easy for tourists to stick to the safer zones.
 

Are LGBT Families Supported in Mexico?

Mexico has a long history of supporting LGBT rights. Same sex marriage, stepchild adoption, and joint adoption are generally recognized in most Mexican states, Mexico City among them.

As of 2021, Cancun and the state of Quintana Roo DON’T support full LGBT family rights. This popular surrogacy destination does not offer official protections against discrimination in housing, employment or family rights.

In 2011, the Mexican Constitution was amended to prohibit discrimination on the basis of sexual orientation. Hate speech against gays and lesbians is criminalized, and conversion therapy for minors is legally banned. LGBT individuals are allowed to serve in the military. Transgender individuals are allowed to legally change their gender identity.

In short, Mexico is a reasonably progressive country, despite stereotypes of “machismo” culture. Recent survey showed that 69% of Mexicans believed homosexuality should be accepted by society. Among younger people, 82% believed it should be accepted.
 

How to bring your baby home from Mexico

If you pursue surrogacy overseas, your baby will need to acquire citizenship and a passport to travel home. The process is straightforward but does require some advanced preparation.

For Americans, the US Embassy website advisory on surrogacy in Mexico explains the step-by-step process to apply for the baby’s citizenship and passport. (Note the advisory is current only to June 2021, and does not include updates following the Supreme Court decision.)

Couples apply for their baby’s citizenship at the local US Consulate. The application requires proof of a parent’s own citizenship, prior residency of four years in the US, and a DNA test (performed by an accredited lab). The Consulate will document that a new American citizen was born overseas and then submit the passport application. The total required time is 3 to 4 weeks.

NOTE: International surrogacy is only possible if at least one genetic parent is also a citizen of the baby’s country of residence. Intended Parents who use both an egg and sperm donor (and thus have no genetic relationship to the baby) will be unable to apply for the baby’s citizenship and passport to return home.

More information for the process for American intended parents can be found at the US State Department website. Citizens of outer countries should consult their own local consulate for details of the process.
 

Is Abortion Legal in Mexico?

Abortion in Mexico was legalized by a sweeping Supreme Court decision in 2021, although its legalization still varies by state. Mexican Supreme Court unanimously ruled that penalizing abortion is unconstitutional, setting an important precedent across the whole country. The procedure is easily available on request to any woman up to twelve weeks into a pregnancy in Mexico City. Before 2021, abortion was severely restricted in the rest of the country.
 

What about cross-border surrogacy in Mexico?

The new Supreme Court ruling has made other creative options obsolete. A common scheme was moving pregnant surrogates across the border to deliver babies in Texas or Southern California. This option is still offered in some Mexican states that have not yet enacted the new legal framework. Given the complexities of the US/Mexico crossing, this option continues to have inherent risks.
 

More Frequent Questions about Surrogacy in Mexico

Is surrogacy in Mexico legal?

Surrogacy is legal in Mexico due to a Supreme Court decision in 2021... but not all Mexican states have adopted the Court's mandate. Surrogacy-friendly areas like Mexico City will name the intended parents on the baby’s birth certificate. Other states still list the surrogate as the legal mother.

Is gender selection available in Mexico?

Gender selection for family balancing is available. Although clinics cannot guarantee a boy or girl baby, PGS analysis will determine the gender of each embryo. Mexican clinics will allow the intended parents to choose which embryo to use during an embryo transfer procedure.

What is the total cost of surrogacy in Mexico?

A standard program is about $60,000, including a local donor, clinic procedures, surrogate care and compensation, and legal fees. “Guarantee” programs are also available. The cost of surrogacy using existing embryos is about $50,000.

Are surrogates in Mexico treated ethically?

Surrogates in Mexico City all live within an hour of their clinic. Their care includes many legal protections, as well as regular visits from a social worker, support counseling, and frequent direct contact with the IPs throughout the pregnancy.

Is it difficult to return home with a surrogacy baby?

The process of applying for a passport is simple and straightforward, and will take about 3 to 4 weeks in Mexico. At least one of the genetic parents must be a citizen of the baby’s destination country.

What is the status of LGBT rights in Mexico?

LGBT rights in Mexico are among the most progressive in Latin America. Gay marriage is legal throughout Mexico. In several Mexican states, same-sex couples can adopt, serve in the military and receive spousal pensions. Note that: Cancun and the state of Quintana Roo DON’T support many LGBT family rights.