Surrogacy Law in Mexico

Surrogacy Law in Mexico

Surrogacy in Mexico has been and still is regulated by individual states — just like in the United States different states and each has different legislation and Mexican surrogacy laws

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Surrogacy in Mexico has been and still is regulated by individual states — just like in the United States different states and each has different legislation and Mexican surrogacy laws. There is no current federal law banning surrogacy, and it has only been legislated in 2 of the 31 Mexican states. But the lack of a prohibition is not the same as legalization. For years, Tabasco was the only Mexican state with explicit laws that supported surrogacy. This made Tabasco the only state where surrogacy in Mexico was legal. That changed in January 2016 when surrogacy was banned in that state.

While Tabasco state has now banned Surrogacy for foreigners, most Mexican states still have no surrogacy laws. As a result, “unregulated surrogacy” programs continue to be offered. Mexico City and Cancun are the most common destinations for these programs. Unregulated surrogacy programs have unique risks that all Intended Parents should understand however with a reliable agency such as WCOB and its team of specialists many risks can be easily avoided.

Surrogacy Law in Mexico

Intended parents can maintain contact with their surrogates throughout—and beyond—their pregnancies if they wish. Mexican egg donors remain anonymous. Caucasian and Latin Sperm and Egg Donors are available upon request for an additional fee.

Following delivery, the surrogate’s name and the genetically linked father go on the Mexican Birth Certificate. Once the surrogate in Mexico has signed a document giving her permission, the intended parents can take their child out of Mexico in order to successfully continue with the exit process.

The requirement of legal representation in Mexico

Legal representation is crucial. It helps evaluate the legal procedures from signing the contract with the surrogate to obtaining the birth certificate of the baby. This includes:
• Pre-requisites for legitimacy and acceptance in the surrogacy program, for instance, proof of non-criminal background.
• Representation on the Birth Certificate
• Determining the citizenship of the child born via surrogacy

IVF (In Vitro Fertilization) is the most common procedure which involves the direct genetic linkage between the child and the intended parents.
Our guarantee programs are designed to make the surrogacy costs transparent because they include unlimited IVF attempts, unlimited egg donations and embryo transfers up until a successful birth. Intended parents have to understand that additional costs may arise during the surrogacy process which includes the following;

  • Transport and accommodation for intended parents
  • Shipping costs of biomaterial (sperm/eggs/embryos)
  • Legal assistance in your own country
  • Additional legal support fees in Colombia may occur (depending on nationality and exit process)
Agreements

Mexico Surrogacy Law: Requirements

Intended Parents will have to provide a recent criminal record check along with other required documents.
In order to avoid legal complications the conditions and requirements of a surrogacy program between the surrogate and the intended parents are:

  • The eggs used in the IVF process should not have any biological link to the surrogate mother.
  • The whole process should be altruistic (non-commercial).
  • The surrogate mother should meet all the requirements related to adulthood, physical and mental health, having children, etc.
  • There must be strict medical and physical evaluations of the surrogate.
  • After signing of the surrogacy contract and once the surrogate has conceived, she cannot retract the delivery of the baby.
  • The surrogate can terminate the pregnancy only with a medical indication from the doctor.
  • The biological parents cannot reject the child regardless of the circumstances.

Also, in Mexico, children born through surrogacy are entitled to birth registration (certificate) and citizenship. The process of securing a passport in Mexico is quite straight forward because we work only with the best law specialists. The newborn may also leave with Mexican citizenship and passport, which is usually the quickest means of leaving Mexico with a newborn

The average time for the exit process varies, depending on the local consulate or embassy of the intended parents. For USA citizens, the time to go home can be less than average, where as for European citizens, the exit process might take longer than average.

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