Surrogacy in Mexico
The landscape of surrogacy in Mexico underwent a significant transformation towards the end of 2021 following the Supreme Court's ruling that deemed it a safeguarded medical practice. In specific states within Mexico, prospective parents are now able to have their names included on their newborn's birth certificate right after delivery. However, not all regions have embraced the guidelines set forth by the Court.
Is Surrogacy in Mexico Legal?
1. Indeed, Mexico became one of the few countries in 2021 to allow compensated surrogacy for a wide range of Intended Parents, including married, single, gay, straight, and foreign individuals. The Supreme Court ruling effectively nullified the ban on surrogacy imposed by various states. The Court's decision was supported by a vast majority, establishing a new legal framework. Consequently, no state within Mexico has the authority to forbid surrogacy arrangements.
Surrogacy is a secure medical practice.
The court has determined that the fundamental Human Right to establish a family (including the right of a child to its family heritage) has been upheld. In order to exercise this right, it is imperative that all individuals are granted equal opportunities to utilize the various medical procedures that are available. Consequently, the utilization of IVF and gestational surrogacy techniques is safeguarded and cannot be prohibited by individual states.
The intended parents have legal rights as the parents of a baby born through surrogacy.
The court has ruled that a child's parentage is established based on the intention to create a family, rather than on genetic or biological factors. A Surrogacy Contract legally proves that it is the intended parents who possess this "procreational will", making children born through such agreements always legally recognized as the offspring of the intended parents.
It is imperative that surrogacy is made universally available.
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?
Mexico has emerged as a prominent destination for individuals seeking infertility treatment in North America. The country's clinics offer in-vitro fertilization and egg donation treatments without any legal restrictions or prohibitions. These clinics are equipped with state-of-the-art facilities and staffed by highly trained professionals. Moreover, Mexican clinics are known to be accommodating to the preferences of intended parents, often performing multiple embryo transfers and even supporting gender selection, unlike many other regions.
One last precaution...
Despite the legal protection of surrogacy by the Courts, certain states have been sluggish in enforcing this requirement. Consequently, surrogacy in Mexico is currently limited to specific regions. It is advisable for Intended Parents to explore programs in these accommodating jurisdictions, as they permit a "pre-birth parentage order" that ensures the birth certificate includes the names of the Intended Parents.