Mexican Laws on Surrogacy: An In-Depth Look

Surrogacy is a fertility intervention or a form of assisted reproductive technology that seeks to provide a solution to couples that have exhausted every other option of getting a child that is biologically related to them. A third party, called the surrogate, agrees to carry the child for a couple or an individual that is referred to as the intended parents. There are Mexican laws on surrogacy and we will take an in-depth look at them.

The main forms of surrogacy are the traditional and the gestational surrogacy. The gestational surrogacy is the more common and widely practised form. It involves the creation of the embryo in vitro in the lab, with the sperm and egg gotten from the intended parents or via donors. The embryo is then transferred to the uterus of the surrogate who then carries the baby to term, delivers and hands it over to the intended parents. Traditional surrogacy, on the other hand, involves the surrogate using her eggs to get pregnant, after being inseminated with sperm from the intended father. 

The main difference between the two forms of surrogacy is the existence of a genetic link between the surrogate and the baby which is seen in traditional surrogacy but not in gestational surrogacy. Surrogacy is a controversial topic that is subject to different rules and regulations in different countries. The fertility treatment is a complex procedure that requires proper planning and investment. Several steps need to be taken to ensure a satisfactory outcome for all parties that are involved in the procedure. This will include counselling, physical, mental and psychological evaluation and legal advice. One of the major areas that requires very thorough research is the law or the legality of the procedure in the chosen country of the intended parents.

The Laws of Surrogacy in Mexico

Mexico, in 2021 joined a very short and currently narrowing list of countries where compensated or commercial surrogacy is legal for married, single, gay, straight and international intended parents. The Supreme Court decided to overturn the prohibition against surrogacy by individual states. This ruling came in an overwhelming majority decision of the court, and as a result of the decision, no Mexican state can prohibit surrogacy. This meant that the intended parents could get their names listed on the birth certificates of their babies upon delivery. The court decision consists of three important parts, they include:

• Surrogacy is a protected procedure – Medical techniques like IVF and gestational surrogacy became protected medical interventions which could not be banned by individual states. This is because the court found that the right to form a family is a fundamental human right. In order to pursue this, all individuals must have equal access to the available medical techniques.
• Intended parents are the rightful legal parents of a surrogate’s baby – The court determined that the child’s parentage is determined by the desire to form a family rather than by genetics or biological relationships. This was highlighted in the legal surrogacy contract which demonstrates that it is the intended parents that have the will to create this baby, so the children that are born through these agreements are considered the legal offspring of the intended parents.
• Surrogacy must be universally accessible – The court found that all adults regardless of race, nationality or religion have the right to marry and start a family. This is why surrogacy in Mexico should be universally available to all, regardless of gender, marital status or sexual preference of those individuals.

Some states have been faster in implementing these changes than others, despite the court’s rulings on surrogacy. This is why surrogacy in Mexico is only supported in select regions. This is why it is crucial for intended parents, especially foreign or international parents, to do their proper research and choose states with friendly surrogacy regulations. Some of these states even allow a pre-birth parentage order which directs the birth certificate to be issued with the names of the intended parents. Understanding these legal nuances of surrogacy is very important; some crucial information to have in mind includes:

• Legal representation – Consulting experts who are familiar with the state-specific surrogacy regulations. This is crucial for anybody seeking surrogacy in Mexico.
• Gestational or traditional surrogacy – Some states allow one or the other form of surrogacy, while some other states allow both forms of surrogacy. It is vital to know the states that allow it.
• Parental rights – It is crucial to ensure that the legal process establishes the intended parents as the child’s legal guardians.
• Citizenship and passport issuance – Also confirm the process for obtaining the citizenship and passports for the child born via surrogacy.

Role of surrogacy agencies

Surrogacy agencies in Mexico play a pivotal role in the facilitation of the process and guiding intending parents, especially international intended parents, through the surrogacy eligibility criteria, and the legal surrogacy process in Mexico. They will help in all factors of the surrogacy, even down to helping choose the suitable surrogate for the intended parents. They will have a good insight on Mexican Laws on Surrogacy and help their client with an in-depth look into it. It is up to the intended parents to choose the appropriate agency, especially the one that will provide all or most of the following:

• Medical services that will cover all the process of the surrogacy, including the initial screening, pregnancy and delivery treatments and others
• Counselling and mental assessments for the surrogates and the intended parents
• Screening for the surrogates
• Access to an experienced legal team that will help navigate the intricacies of the legal systems in the country

The intended parents should also feel comfortable with the agency and get the impression that they will protect the interests as well as the well-being and safety of the surrogate and the baby. The surrogate before being selected will undergo a rigorous and lengthy screening process. These will include the medical tests and screening that are necessary to ensure that they can handle the rigours of surrogacy. The surrogate must also have undergone a successful pregnancy once before being considered. The intended parents should also be comfortable with the appearance and mannerisms of the surrogate. The agency that is selected will also handle the majority of the requirements of the surrogate well-being and care for the duration of the surrogacy.