Mexican Surrogacy: Unraveling the Legal Framework

Surrogacy is a form of assisted reproductive technology where a woman who is called the surrogate carries a pregnancy to term and delivers it for an individual or a couple that is referred to as the intended parent or parents. Surrogacy is a very complicated procedure, which involves several steps that need to be taken to ensure that all the parties get a satisfactory outcome from the procedure. This will include extensive counselling, and mental and psychological evaluation, which is added to the already intricate medical procedures that are involved in the surrogacy process. When considering Mexican surrogacy, couples should be interested in unraveling the legal framework.

There are two generally recognized forms of surrogacy. They are the traditional and the gestational surrogacy. In the gestational or commercial form of surrogacy, an embryo is created from the intended parents’ eggs and sperm in vitro. The gametes can also be donated. However, one of the gametes must originate from the intended parents. After the embryo is created, it is then transferred into the uterus of the surrogate who will then carry the pregnancy to term and deliver the baby. This will ensure that there are no genetic relationships between the surrogate and the baby. In traditional surrogacy, the surrogate is inseminated with the sperm from the intended father to create a pregnancy. Traditional surrogacy can create legal complications in the case that the surrogate changes her mind after delivery, and it is not popular among fertility clinics.

The Legality of Surrogacy in Mexico

In Mexico, the surrogacy practice was changed in late 2021 via the ruling of the Supreme Court that declared it a protected medical procedure. This meant that in certain states in Mexico, intended parents could then get their names listed on the birth certificate of their baby upon delivery. The Supreme Court ruling struck down state laws that forbade surrogacy. As a result of the ruling, no Mexican state can prohibit surrogacy. The decision has three important parts, they are:

Surrogacy is a protected medical procedure 

The court found that the right to form a family is a fundamental human right. In order to pursue this right, all individuals must have equal access to the available medical techniques. Therefore, medical techniques of IVF and gestational surrogacy are protected and cannot be banned by individual states.

The intended parents are the rightful parents of a surrogate baby. 

The court found that the child’s parentage is determined by the desire to form a family and not by genetics or the circumstances of biology. A legal surrogate agreement demonstrates the fact that it is the intended parents who have the procreational will. So, the children born through these agreements are always legal offspring of the intended parents.

Surrogacy must be universally accessible. 

The Court concluded that the right to marry and have children belongs to all adults, regardless of restrictions based on their race, nationality, or religion. Mexican surrogacy must be universally available, regardless of gender, marital status or sexual preference. 

However, even though surrogacy is protected by the Courts in Mexico, some states have been very slow in implementing the mandate. As a result of this, surrogacy in Mexico is only supported in select regions. Intended parents should therefore consider seeking their surrogacy treatment in these regions with friendly jurisdictions. These states allow a pre-birth parentage order which directs the birth certificate to be issued with the names of the intended parents.

What is the Legality of Egg Donation in Mexico?

Egg, sperm and embryo donation are entirely legal in Mexico, there are also a lot of IVF clinics that offer such treatments to international patients. They are referred to as medical travel health agencies or meditour agencies and they offer health tourism opportunities in Mexico. IVF with local egg donors is available in Mexico to same-sex couples as well. With these offers and services, Mexico has become a regional hub for infertility treatments in North America and internationally for couples who seek overseas medical treatment for infertility. There are no legal restrictions or regulations that prohibit in vitro fertilization or egg donation in Mexican clinics. Mexican clinics also support gender selection, unlike many regions.

What is the Cost of Surrogacy in Mexico?

The costs will vary depending on the individual circumstances of the intended parents and the number of additional services that will be required in their surrogacy procedure. However, the typical cost of surrogacy is within the range of 50,000-80,000 dollars. Different agencies may have different price ranges depending on their sophistication and the services offered to intended parents. Others may have some hidden charges that will eventually hike the price of the surrogacy process.

Selection of the Appropriate Agency in Mexico

Before intended parents select an agency, they should ensure that the fertility agency will provide additional support to both the intended parents and the surrogate. Professional support from fertility agencies is crucial in the surrogacy process. They not only ensure the success and the hitch-free progress of the surrogacy procedure, but they will also provide vital additional services like counselling by professionals, as well as help in the screening of potential surrogates. 

The intended parents should ensure that the prospective agency will provide access to a legal team, trained fertility experts and embryologists, support workers and IVF clinic partners that can help and support both the surrogate and the intended parents. The agency should also have a consultation process where the entire surrogacy journey is explained so that the intended parents would understand the risks and the rewards involved. The intended parents should also feel comfortable with the agency and get the impression that they will protect their interests and the well-being and safety of the surrogate and the baby.

The Surrogates

Before being selected, the surrogate undergoes a rigorous and lengthy screening process. They must also have had at least one successful pregnancy previously. It is also crucial for the intended parents to connect with the surrogate emotionally. They should also be comfortable with the physical appearance of the surrogate. The agency selected will handle the majority of requirements of the surrogate selection and well-being.