Surrogacy Options in Mexico: Laws, Costs, and Process 

Surrogacy is a form of surrogacy where a woman that is known as the surrogate agrees to carry a baby for a couple or an individual known as the intended parents or parent. Surrogacy is a form of assisted reproductive technology and is usually employed by couples who have exhausted all other means to have children with a biological relationship to them. It is also used by same-sex couples who want children with a genetic link to them. Engaging in any of the surrogacy options in Mexico involves knowledge in the laws, costs and process.

The practice is a controversial one, and due to this, is subject to different regulations in different countries. The treatment is banned in some countries and heavily restricted in others. In others, the regulations are less strict, and in others, it has no regulations at all. Some countries allow only gestational surrogacy, others allow only traditional surrogacy, while others accept both. In gestational surrogacy, the embryo is created from the sperm and egg of the intended parents or donors. The embryo is created in vitro in the lab and grown for a few days before being transferred to the prepared uterus of the surrogate. 

In traditional surrogacy, the surrogate gets pregnant using her eggs via artificial insemination with the sperm of the intended father. The major difference between the two, apart from traditional surrogacy being easier and cheaper to carry out, is that the biological link between the surrogate and the baby that is present in traditional surrogacy does not exist in gestational surrogacy. In fact, in some countries, the surrogacy treatment is subject to different regulations in different states of the same country. One of the countries with this type of phenomenon is Mexico.

What are the laws regulating surrogacy in Mexico?

Surrogacy is legal in Mexico, starting from 2021 when the landscape underwent a dramatic transformation. The Supreme Court of Mexico declared that surrogacy was a protected medical procedure for all types of families. The current Mexican surrogacy laws have opened the doors for a diverse range of intended parents, including single males and same-sex couples to seek surrogacy treatments. There are three crucial parts to the ruling, they include:

• Surrogacy is a protected medical procedure – The Supreme 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 that can be provided, including surrogacy. Therefore, medical techniques of IVF and gestational surrogacy are protected and cannot be banned by any individual state.
• Intended parents are the rightful parents of a surrogate baby – The Supreme Court found that the parentage of the child, rather than being determined by the genetics or circumstances of biology, is determined by the desire to form a family. This means that a legal surrogacy agreement demonstrates the fact that it is the intended parents who possess the procreational will. Therefore, any children that are born through these arrangements are always the legal offspring of the intended parents.
• Surrogacy must be accessible universally – The court found that all adults, without any limitation due to race, nationality or religion, have the right to marry and conceive a family. Surrogacy in Mexico must therefore be universally available, regardless of gender, marital status or sexual preference.

However, even though surrogacy is now under the protection of the Courts in Mexico, some states have been very slow in implementing the mandate. Due to this, surrogacy is supported only in some select regions. This is an important consideration for intended parents, especially international intended parents. They should only consider surrogacy in friendly jurisdictions.

What is the cost of surrogacy in Mexico?

This will vary depending on the circumstances surrounding the surrogacy. This means that the costs will be different in every case because some intended parents will want to do it on their own, while others will prefer an agency. Some intended parents may seek additional services in their surrogacy treatment while others do not. The type of surrogacy chosen also impacts the cost; traditional surrogacy is cheaper than gestational surrogacy. 

However, the typical or average cost that should be expected of a surrogacy treatment in Mexico ranges from 50k-80k dollars. Also, for the intended parents who opt to have their surrogacy handled by an agency, the costs or prices may differ depending on the quality, sophistication and inclusion of services offered to the intended parents. Others may have tailored packages or perks that may contribute to a higher-than-average price for surrogacy.

What is the surrogacy process in Mexico?

Egg, sperm and even embryo donation has been made legal in Mexico. This has led to fertility clinics being established in the country, offering guidance to intended parents, especially foreign ones. These medical travel agencies offer services that facilitate the surrogacy process and make it easier for a set fee. 

The intended parents need to do their proper research and find agencies that they are comfortable with. They need one that gives them a feeling that they will fight for and protect their interests. These agencies, when contracted, are involved every step of the way. They provide counsellors, psychologists and legal advisers who are experienced in the surrogacy process and will provide valuable insights to the intended parents. 

The agency will also provide a list of surrogates to the intended parents, they will ensure that the candidates are screened properly and have the proper criteria that are desired by the intended parents. They will also be in charge of drawing up the surrogacy contracts between the intended parents and the surrogate. The tests and all the medical procedures that will lead to pregnancy are usually supervised by them. They will also ensure that the surrogate is taken care of for the duration of the pregnancy. After the delivery of the baby, they will help in the documentation of the baby for the transfer of parentage. The agency should have a consultation process where the entire surrogacy journey is explained so that the intended parents understand the process, the rewards as well as the risks that are involved.