Everything You Need to Know About Surrogacy in Mexico

Surrogacy has gained some significant attention around the world in recent years. The process offers hope to those struggling with infertility or who are unable to conceive naturally. With that being said, Mexico has emerged as a popular destination for surrogacy and is attracting intended parents from all over. 

Surrogacy in Mexico requires that at least one genetic parent holds citizenship in the baby’s intended country of residence. However, intended parents who use both an egg and sperm donor and thereby lack a genetic connection to the baby might encounter difficulties in applying for the baby’s citizenship and passport for repatriation. 

Here is everything you need to know about surrogacy in Mexico, from the legal framework to the surrogacy process itself.

The Legal Framework

Mexico doesn’t have specific federal laws regulating surrogacy. However, several areas within the country have established legal frameworks that permit and regulate surrogacy arrangements. Among these, Tabasco and Sinaloa are the most popular choices for surrogacy due to their clear legal regulations and streamlined processes.

In Tabasco, for example, surrogacy is highly recognized and governed by the Civil Code of the State of Tabasco. The process involves a series of legal steps, including the drafting of a surrogacy agreement that outlines the responsibilities and rights of everyone involved. Once the child is born, the intended parents can obtain a birth certificate with their names listed as the legal parents. 

In 2021, the Mexican Supreme Court declared that surrogacy is a protected medical procedure. This made it a viable option for people who want to build their family.

The Surrogacy Process

Understanding the many intricacies of the surrogacy process is essential for intended parents as they navigate their journey successfully. Let’s dive into the steps involved in the surrogacy process in Mexico. We will cover the initial consultations to the joyful moment of childbirth and legal parentage.

The Initial Consultation

The surrogacy journey usually begins with an initial consultation with a surrogacy agency or fertility clinic in Mexico. During this consultation, the intended parents can discuss their options, learn more about the legal and medical requirements, and decide on the best way to proceed. 

Screening and Matching

Intended parents and prospective surrogates undergo a thorough screening process that ensures compatibility and suitability for the surrogacy arrangement. This can include medical evaluations, background checks, and psychological assessments. 

The Wait Time for a Surrogate Match in Mexico

The waiting times intended parents will experience really depend on the agency used. This is because the best agencies go through more rigorous screening processes to ensure the best matches possible. 

Once a suitable surrogate has been identified, the next step involves drafting a surrogacy agreement that outlines the rights, obligations, and financial arrangements between the intended parents and the surrogate. Legal experts familiar with surrogacy laws in Mexico will be in charge of this process and will ensure compliance with all local regulations.

Medical Procedures and Legalities

In Mexico, the legal framework surrounding surrogacy specifically allows for gestational surrogacy arrangements. Gestational surrogacy, unlike traditional surrogacy, involves the implantation of an embryo created through in vitro fertilization (IVF) into the surrogate’s uterus. This means that the surrogate has no genetic relationship to the baby she carries, as the embryo is typically created using the eggs and sperm of the intended parents or donors.

This distinction is an important component of Mexico’s surrogacy regulations, as it helps to clarify parentage and legal responsibilities. By restricting surrogacy to gestational arrangements, Mexican law aims to protect the rights of everyone involved, including the intended parents, the surrogate, and the child. 

Legal clarity like this helps set a solid foundation when it comes to surrogacy agreements and helps establish parentage based on genetic ties or the intentions outlined in the surrogacy contract.

Overall, the allowance of gestational surrogacy in Mexico reflects a progressive approach to family building, providing a regulated and ethical pathway for individuals and couples to realize their dreams of parenthood.

Pregnancy and Prenatal Care

Throughout the pregnancy, the surrogate will receive comprehensive prenatal care and support from medical professionals. Intended parents can choose to be actively involved in prenatal care as well, which means attending appointments and staying informed about the progress of the pregnancy.

Childbirth and Legal Parentage

When the surrogate gives birth, the intended parents are usually present for the delivery. Following the birth, legal proceedings are initiated to establish the intended parents as the child’s legal parents. This may involve obtaining a birth certificate with the names of the intended parents and completing all necessary legal documentation. Remember, at least one of the genetic parents must be a citizen of the baby’s destination country. 

The allowance of gestational surrogacy in Mexico really does reflect a more progressive approach to family building. It provides a regulated and legal pathway for people wanting to realize their dreams of parenthood.