SENSIBLE’s Guarantee program provides an unlimited number of clinical procedures (IVF cycles, embryo transfers, donations, etc.) for a fixed cost.
Total program cost is $109,900 USD.
Everything to Know About…
Surrogacy in Mexico is becoming increasingly popular among intended parents worldwide. The Supreme Court’s ruling that surrogacy is a protected medical procedure means that intended parents can have their names on their child’s original birth certificate (in certain states). This combination of legal assurance and affordability makes Mexico an appealing destination for those looking to expand their families through surrogacy.
Mexico’s progressive legal system and lower-cost of living create reassurance and affordability for intended parents. But the appeal of surrogacy in Mexico goes beyond legal and financial aspects:
Yes, surrogacy was legalized by the Mexican Supreme Court in 2021. The Court recognized surrogacy as a protected medical procedure, which must be equally accessible to everyone. That said not all Mexican states have adopted this ruling equally. Surrogacy laws in Mexico vary from state to state, affecting the legal options available to intended parents.
The 2021 Mexican Supreme Court ruling fundamentally reshaped surrogacy legality by declaring it a protected medical procedure with universal accessibility for all adults, irrespective of gender, marital status, or sexual preference. This overturned previous state-level prohibitions, such as in Tabasco, which had restricted surrogacy for foreigners.
The ruling also legalized commercial surrogacy, affirming that surrogate mothers have the right to compensation for their services. Importantly, the court emphasized the concept of “Procreational Will,” recognizing the intended parents’ desire to raise the child as the key to establishing legal parentage.
While the Supreme Court set a national precedent, it also granted individual states the authority to regulate surrogacy. So in Mexico, the specific surrogacy laws are very different from state to state. Here’s a breakdown of the current surrogacy laws in Mexican States that support surrogacy:
Given this diverse legal landscape, intended parents must seek legal counsel familiar with the specific state regulations and judicial practices relevant to their chosen location.
The Supreme Court’s impact on surrogacy laws in Mexico has been monumental, especially in redefining how parentage is determined in surrogacy cases. Recent rulings have clarified and strengthened the rights of intended parents, ensuring their legal recognition as the rightful parents of children born through surrogacy.
The court emphasized that a child’s parentage is established by the intention to form a family, rather than biological ties. This shift acknowledges that the procreational will of the intended parents is paramount. As a result, the legal framework now mandates that children born through surrogacy are recognized as the legal offspring of those who initiated the process.
These rulings provide a clear pathway for intended parents to secure their parental rights. Legal surrogacy contracts are now more robust, offering protection by affirming the intentions and agreements made between parties involved.
The Supreme Court has also ruled that surrogacy should be universally accessible, without discrimination based on gender, marital status, or sexual orientation. This decision underscores a commitment to equal rights for all individuals seeking to build a family through surrogacy in Mexico.
These judicial decisions have significantly shaped the landscape of surrogacy, providing clearer guidelines and enhanced security for all parties involved.
One of the biggest benefits of Mexican surrogacy is that the baby’s birth certificate can often be issued with the names of the Intended Parents. Depending on the state, this process can happen in just a few days or up to 6 weeks or more. The process can be complex in some states, but here is a quick summary.
After your baby is born, there are two options for obtaining the birth certificate for your baby.
In Mexico City or Cancun you can choose to do the Judicial “Amparo” Process working with local attorneys to obtain a judicial order that ensures your baby’s birth certificate is issued in your name only and the name of your spouse/partner. (This process takes about 4 to 6 weeks after birth.)
In the state of Jalisco, the local registry’s office will follow Supreme Court guidance and issue the birth certificate with the names of the Intended Parents. There is no court process needed, and the document can be issued in less than a week.
An alternative is to have the birth certificate issued with only the names of the biological father and the surrogate (this process takes about a week). In this case, the surrogate’s name appears on the birth certificate until a legal process in your home Family Court decides the legal parentage under your own local laws.
Note that some countries require that the surrogate’s name appears on the birth certificate (especially in the case of same-sex male couples). The rationale is that the “Birth Certificate” should include the name of the person giving birth.
Your baby can also apply to be a Mexican citizen and obtain a Mexican passport. However, we recommend securing citizenship for the baby from your home country’s embassy whenever possible.
Returning home with your baby starts by establishing the baby’s citizenship at your local consulate. Once citizenship is granted, you can apply for the baby’s passport and/or travel documents. How this happens will depend on the country issuing citizenship.
For most countries, you will need to provide a DNA test to prove the baby is your genetic child. You will also show evidence that you are a citizen and resident. Proof of a properly executed surrogacy contract and testimony (or affidavit) from the surrogate that the agreement was legal and ethical is also usually needed.
For citizens of the United States and Canada, it takes only 4 to 5 weeks on average to complete the process, obtain your baby’s passport and return home with your baby. (Include an additional 4 weeks if you choose the Judicial Amparo Process.) Australians and many European citizens will take from 4 to 8 weeks to apply for travel documents through their local consulate.
Note that some Australian and European states have strict laws banning commercial surrogacy. Always consult with a local lawyer about whether these laws will delay or block this process.
Returning to the United States:
For American citizens, the U.S. consulate will issue a document called the Consular Report of a Birth Abroad (CRBA). This document takes about 3 to 4 weeks to process, and it confers U.S. citizenship on the baby.
Once the CRBA is issued, the consulate will issue the baby’s passport. An expedited passport can often be issued in about 3 days.
Once you have the passport, you and the baby can travel home.
Note that the CRBA does not determine the legal parents of the baby. In most countries, it’s the birth certificate that determines the legal parents (unless there is a superseding court ruling).
Your Parental Rights
If you complete the Judicial Amparo process, no additional legal steps are required when you return home (in most cases). The Amparo will remove the surrogate’s name from the birth certificate and erase her parental rights.
If you skip the Judicial Amparo process, the surrogate’s name will remain on the birth certificate. In this case, the non-biological parent should complete a stepparent or second-parent adoption when you get home. This simple adoption process will establish that you are the baby’s legal parents, and it will remove any remaining parental rights of the surrogate. (We recommend you consult with a local family attorney to handle stepparent adoption.)
Note that in the Mexican state of Jalisco, the Judicial Amparo process may not be needed. The registry office in Jalisco will issue the birth certificate with the names of the intended parents without needing the Amparo.
If the surrogate’s name appears on the birth certificate, she may still be considered a legal parent. To facilitate your return home, the agency should provide affidavits granting the father full custody and permission to travel with the baby. These documents should be prepared by an attorney prior to the birth of your baby. The surrogate should sign these documents after the birth of your baby, but before you obtain the baby’s passport.
Navigating these steps smoothly guarantees that from day one, your parental rights are legally acknowledged, providing peace of mind as you embark on your parenting journey.
Mexican Citizenship & Passports
As an alternative to citizenship from your home country, children born in Mexico can be conferred with Mexican citizenship and passports. For countries were overseas citizenship is challenging, a Mexican passport can allow you return home and arrange the baby’s permanent legal status through the family courts in your home country.
Note that the baby can travel from Mexico on that passport, but a visa may still be needed to legally enter your home country. A visa is obtained through your embassy overseas, which can take as much time as the citizenship process. Fortunately, there is visa-free travel between Mexico and many countries, including the European Schengen Zone.
SENSIBLE is the leading Mexico Surrogacy Agency offering international surrogacy programs that are reliable, secure and affordable. We offer programs in Mexico City and Puerto Vallarta, including fixed-price “Guarantee” programs with unlimited clinic and administrative services until you’re home with your baby. We also offer excellent options for Intended Parents with existing embryos who want to deliver their newborns in a protective legal jurisdiction.
SENSIBLE’s surrogacy programs in Mexico are available to hetero, LGBT and single individuals. The cost of surrogacy in Mexico ranges from $75,000 with your existing embryos, to $85,000 for a standard program including donations, IVF, surrogacy and all legal fees.
Below are the SENSIBLE Agency’s surrogacy options most popular with international Intended Parents.
| Surrogacy Services | Cost (USD) |
|---|---|
| Surrogacy Consulting Services | $6,000 |
| Surrogate Recruitment and Administration • Surrogate management and administration • Surrogate medical clearance • Surrogate psychological evaluation • Legal fees | $5,000 |
| Clinic Procedures • IP blood serology and semen analysis • Local egg donor • Egg & Sperm Donations (including medication) • Sperm freezing (plus storage for 1 year) • In-vitro fertilization with ICSI • Vitrification of embryos (plus storage for 1 year) • Surrogate endometrial lining preparation • Embryo transfer (until birth) • Beta HCG pregnancy test and fetal heartbeat confirmation | $39,000 |
| Surrogate Oversight and Prenatal Care • 1st & 2nd Trimester prenantal care & monitoring • Medication for pregnancy support • Health insurance for surrogate mother • 1st & 2nd Trimester surrogate compensation • Surrogate lost wages, travel costs, and related pregnancy expenses • Surrogate supervision package | $16,000 |
| Delivery and post-delivery services • 3rd Trimester prenatal care & monitoring • 3rd Trimester surrogate compensation • Standard hospital delivery • Post-birth legal services in Colombia | $19,900 |
| Medical insurance for the surrogate & newborn | $7000 |
| Post-birth legal services in Mexico | $8000 |
Total Costs |
$100,900 |
SENSIBLE’s Guarantee program provides an unlimited number of clinical procedures (IVF cycles, embryo transfers, donations, etc.) for a fixed cost.
Total program cost is $109,900 USD.
| Surrogacy Services | Cost (USD) |
|---|---|
| Surrogacy Consulting Services | $6,000 |
| Surrogate Recruitment and Administration • Surrogate recruitment & matching • Surrogate oversight & administration • Surrogate psychological evaluation • Legal fees | $5,000 |
| Clinic Procedures • Surrogate evaluation and medical clearance • Surrogate endometrial lining preparation • Embryo transfer (up to 3 attempts) • Storage of embryos for 1 year • Beta HCG pregnancy test and fetal heartbeat confirmation | $20,000 |
| Surrogate Oversight and Prenatal Care • 1st & 2nd Trimester prenantal care & monitoring • Medication for pregnancy support • Health insurance for surrogate mother • 1st & 2nd Trimester surrogate compensation • Surrogate lost wages, travel costs, and related pregnancy expenses • Surrogate supervision package | $16,000 |
| Delivery and post-delivery services • 3rd Trimester prenatal care & monitoring • 3rd Trimester surrogate compensation • Standard hospital delivery • Post-birth legal services in Mexico | $15,900 |
| Medical insurance for the surrogate & newborn | $7000 |
| Post-birth legal services in Mexico | $8000 |
Total Costs |
$77,900 |
For Intended parents with embryos at overseas clinics, this option offers an affordable opportunity for your baby to born under a secure legal framework.
Total program cost is $77,900 USD.
| Surrogacy Services | Cost (USD) |
|---|---|
| Surrogacy Consulting Services | $6,000 |
| Surrogate Recruitment and Administration • Surrogate management and administration • Surrogate medical clearance • Surrogate psychological evaluation • Legal fees | $5,000 |
| Clinic Procedures • IP blood serology and semen analysis • Egg donations and IVF/ICSI • Embryo transfer (up to 3 transfers) • Egg & Sperm Donations (including medication) • Vitrification of embryos (plus storage for 1 year) • Sperm freezing (plus storage for 1 year) • Surrogate endometrial lining preparation • Beta HCG pregnancy test and fetal heartbeat confirmation | $23,000 |
| Surrogate Oversight and Prenatal Care • 1st & 2nd Trimester prenantal care & monitoring • Medication for pregnancy support • 1st & 2nd Trimester surrogate compensation • Surrogate lost wages, travel costs, and related pregnancy expenses • Surrogate supervision package | $16,000 |
| Delivery and post-delivery services • 3rd Trimester prenatal care & monitoring • 3rd Trimester surrogate compensation • Standard hospital delivery • Post-birth legal services in Colombia | $16,000 |
| Medical insurance for the surrogate & newborn | $7000 |
| Post-birth legal services in Mexico | $8000 |
Total Costs | $81,000 |
The IVF & Surrogacy plan includes an in-vitro fertilization (IVF) cycle with ICSI, embryo transfer, prenatal care and oversight, and delivery. In addition, the program includes these additional services:
This comprehensive single attempt surrogacy, IVF, and birth package takes full advantage of the friendly surrogacy laws in Mexico City.
Total program cost is $81,000 USD.
All SENSIBLE programs include full surrogate compensation and benefits, clinical procedures, legal fees, surrogate matching and coordination fees, even the surrogate’s estimated medical insurance and travel expenses. Although every journey is slightly different, our detailed budget lets Intended Parents understand how much their entire program will cost and how they can avoid unexpected expenses.
Medical tourism in Mexico offers several benefits — most notably lower costs compared to countries like the United States. Americans can save, on average, between 40% to 60% on common medical procedures. This affordability extends to surrogacy as well, with programs in Mexico costing about one-half the price of those in the United States.
Understanding the cost breakdown of the surrogacy process is crucial. Mexico offers appealing options to intended parents due to its affordability and clear legal structures.
Here are the typical costs associated with surrogacy in Mexico:
Intended parents will need to factor in travel expenses to and from Mexico. New parents should anticipate a stay of at least 6 to 12 weeks to arrange the birth certificate, citizenship and passport for their baby. Expenses include:
Choosing Mexico as a surrogacy destination often proves cost-effective when compared to other countries. The lower cost of living and reasonable medical fees make it an attractive option for many international intended parents.
In contrast with options available in the United States or Europe, where higher costs can be prohibitive, Mexico provides a balanced approach without compromising on quality or legal security.
Mexico stands out as a beacon of progressivism when it comes to LGBT rights, establishing a legal framework that supports the rights of gay individuals and couples. Gay surrogacy in Mexico is embraced under these progressive policies, making it an attractive option for many intended parents.
The Mexican constitution includes protections against discrimination based on sexual orientation. Since a 2011 reform, Constitutional provisions ensure that all individuals have the same rights without bias. Federal legislation also support this position, with non-discrimination laws emphasizing the importance of treating everyone equally.
Through amendments and legal provisions, these laws aim to eliminate bias in various sectors, including employment and education. The legislative framework actively combats discrimination, promoting a more inclusive society.
While adoption rights for same-sex couples vary across Mexico, regions like Mexico City legalized it as early as 2010. This progressive move highlights the evolving acceptance and recognition of diverse family structures within the legal system.
As of December 31, 2022, same-sex marriage is legal nationwide, marking a 2022 landmark decision in the realm of LGBT rights in Mexico. Recent data suggests that over 60% of the population approves of same-sex marriage, showcasing growing tolerance and acceptance.
The Mexican military allows LGBT individuals to serve openly, reflecting a commitment to non-discrimination within its ranks.
Key Milestones in Same-Sex Marriage Legalization
2009: Mexico City became the first region in the country to legalize same-sex marriage, setting a precedent for future changes.
2010-2015: Several states began to follow suit, with Quintana Roo and Coahuila joining the movement in subsequent years.
2015: The Supreme Court of Justice of the Nation ruled that state bans on same-sex marriage were unconstitutional, further accelerating legalization across various states.
2022: By this year, all 31 states had enacted legislation allowing same-sex marriage.
This timeline underscores the incremental yet profound shift towards equality, highlighting both regional diversity and unity under national legal frameworks.
Gender identity rights
Mexico has made strides in supporting transgender individuals, including those in the military. Access to gender-affirming treatments is available through public healthcare, providing essential support for transgender persons who may be undergoing transition. Such measures demonstrate an understanding of the specific medical needs of transgender individuals.
Trans rights in the Military
Acknowledgement of Trans individuals extends to acknowledging gender identity within official military documentation, allowing for personal identification that aligns with one’s gender expression. These developments highlight Mexico’s efforts to foster an inclusive environment for all service members, ensuring equal treatment and opportunity regardless of sexual orientation or gender identity.
Public support for LGBT rights in Mexico has seen a notable evolution, reflecting shifts in societal attitudes. Surveys conducted by organizations like the Pew Research Center have highlighted increasing acceptance levels.
A 2020 survey revealed that approximately 69% of Mexicans believe society should accept homosexuality. Despite the robust legal framework, cultural acceptance can vary across regions. This contrast highlights the ongoing societal evolution towards greater equality.
In essence, gay surrogacy in Mexico benefits from a supportive legal environment and increasing cultural acceptance, making it a viable and appealing choice for same-sex intended parents worldwide.
While most surrogacy agencies are located in tourist-friendly areas, if you plan to travel more widely in Mexico, it’s helpful to stay informed and prepared. Here are some practical tips to ensure your journey is as seamless and secure as possible:
Familiarize yourself with local laws and regulations regarding surrogacy. Compliance with these laws can help avoid legal complications during your stay.
Tourist-friendly areas like Mexico City and Puerto Vallarta generally have lower crime rates compared to major cities in the US. It’s always a good idea to stay updated on local news and advisories.
Mexico City: Neighborhoods like Polanco, Condesa, and Roma Norte are known for their safety and vibrant atmosphere. They offer a range of accommodations from luxury hotels to charming boutique stays.
Puerto Vallarta: The Romantic Zone, Marina Vallarta, and Nuevo Vallarta are popular areas among tourists due to their safety and proximity to attractions.
Staying informed and taking necessary precautions can significantly enhance your experience while pursuing surrogacy in Mexico.
Mexico’s surrogacy landscape is rapidly evolving, presenting viable options for intended parents worldwide. The supportive legal framework and reasonable costs are making it an increasingly popular destination, while recent Supreme Court rulings have solidified its position as a leader in surrogacy rights.
For those considering Mexico for surrogacy, the SENSIBLE agency offers guidance through every legal and logistical step. With Mexico’s progressive stance on surrogacy, it’s an exciting time to begin your journey towards parenthood here.
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.
Gender selection for family balancing is available. Although clinics cannot guarantee a boy or girl baby, PGS/PGT 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.
A standard program is about $80,000, including agency fees, clinic procedures, surrogate care and compensation, and legal fees. “Guarantee” programs are also available. The cost of surrogacy using existing embryos is about $75,000.
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.
The process of applying for a passport is simple and straightforward, and will take about 4 to 6 weeks in Mexico. At least one of the genetic parents must be a citizen of the baby’s destination country.
LGBT rights in Mexico are among the most progressive in Latin America. Gay marriage is legal throughout Mexico. In most 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.)
Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
Bill Houghton is the founder of Sensible Surrogacy, author of the Sensible Surrogacy Guide, 2x surrogacy dad, and a dedicated advocate for secure, legal and ethical Gestational Surrogacy. Read Bill's Biography
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PLEASE NOTE: Information on this website is based on personal experience gained over many years of assisting infertile couples. My comments are intended as a Guide for those in need, but should not be mistaken for professional medical advise. Any medical questions should ALWAYS be referred to a credentialed medical specialist before beginning any treatment. Sensible Surrogacy or Exceptional Stork accepts no liability for medical procedures undertaken without the consult of an accredited clinic or physician.
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