Surrogacy in Mexico
Surrogate motherhood Mexico
Who can do surrogacy in Mexico?
Mexico is a country where surrogacy is now practiced by surrogacy clinics on an altruistic basis. Although there is no explicit legislation regarding surrogacy, both married and unmarried heterosexual couples and single men are allow to carry out surrogacy procedures.
Therefore, Mexico is one of the countries where there is no explicit law on surrogacy, something that the commissioning parents should be clear about when deciding on the country where to carry out their surrogacy process.
One of the main advantages offered by this country is its prices, which are much cheaper than in the United States.
Therefore, Mexico is one of the countries where there is no explicit law on surrogacy, something that the commissioning parents should be clear about when deciding on the country where to carry out their surrogacy process.
One of the main advantages offered by this country is its prices, which are much cheaper than in the United States.
The law of surrogacy in Mexico
FIRST A LITTLE BIT OF HISTORY
There is no explicit surrogacy law in Mexico. Some states, such as SINALOA, QUERÉTARO, COHAHUILA and SAN LUIS POTOSI, have explicitly prohibited it. TABASCO and SINALOA. limit the right to carry out surrogacy procedures to Mexican citizens only. The rest of the Mexican states have no legislation in this regard, neither in favor nor against.
In MEXICO D.F. there is no surrogacy law per se, but there is a proposed law focused on securing the filiation rights of intended parents and extensive jurisprudence granting rights to intended parents.
For several years and until January 2016, Tabasco was the state par excellence where most surrogacy processes took place, given that its legislation allowed it for Mexican couples, and did not explicitly prohibit it for foreigners.
However, due to some abuses committed by some couples, the state of Tabasco ended up banning surrogacy for foreign citizens on 16/1/2016, respecting the ongoing processes (for those parents who already had a contract with a surrogate mother, even if she was not pregnant) since no law can enter into force retroactively. But this meant that Mexico was closed to foreigners from that moment on.
For years and until recently, this meant the end of surrogacy processes in Mexico.
But in June 2021, the SUPREME COURT OF MEXICO, in response to an appeal lodged by a clinic, ruled that the State of Tabasco had exceeded its powers, and left it open to the states to decide whether to regulate the economic conditions for the practice of surrogacy or leave it to the freedom of the private parties involved.
The Court considers it "unfounded that there is an obligation on local legislatures to provide for free gestational surrogacy contracts". Therefore, the State can oblige it to be free of charge, establish payment conditions or leave the matter to the discretion of a private agreement. The State of Tabasco has not yet modified the law.
This is why multiple clinics in Mexico are once again offering surrogacy procedures, even though no state in Mexico has explicit legislation in favor of surrogacy.
Since then, several states have legislated prohibiting surrogacy for foreign citizens: SINALOA, QUERÉTARO, COHAHUILA and SAN LUIS POTOSI.
In MEXICO D.F. there is no surrogacy law per se, but there is a proposed law focused on securing the filiation rights of intended parents and extensive jurisprudence granting rights to intended parents.
For several years and until January 2016, Tabasco was the state par excellence where most surrogacy processes took place, given that its legislation allowed it for Mexican couples, and did not explicitly prohibit it for foreigners.
However, due to some abuses committed by some couples, the state of Tabasco ended up banning surrogacy for foreign citizens on 16/1/2016, respecting the ongoing processes (for those parents who already had a contract with a surrogate mother, even if she was not pregnant) since no law can enter into force retroactively. But this meant that Mexico was closed to foreigners from that moment on.
For years and until recently, this meant the end of surrogacy processes in Mexico.
But in June 2021, the SUPREME COURT OF MEXICO, in response to an appeal lodged by a clinic, ruled that the State of Tabasco had exceeded its powers, and left it open to the states to decide whether to regulate the economic conditions for the practice of surrogacy or leave it to the freedom of the private parties involved.
The Court considers it "unfounded that there is an obligation on local legislatures to provide for free gestational surrogacy contracts". Therefore, the State can oblige it to be free of charge, establish payment conditions or leave the matter to the discretion of a private agreement. The State of Tabasco has not yet modified the law.
This is why multiple clinics in Mexico are once again offering surrogacy procedures, even though no state in Mexico has explicit legislation in favor of surrogacy.
Since then, several states have legislated prohibiting surrogacy for foreign citizens: SINALOA, QUERÉTARO, COHAHUILA and SAN LUIS POTOSI.
Current legal in Mexico
In MEXICO D.F. there is no surrogacy law as such, but there is a proposed law focused on securing the filiation rights of intended parents and extensive case law granting rights to intended parents.
The courts currently recognize the rights of intended parents. However, we must be aware that there is not a single State in Mexico that explicitly has a surrogacy law, so Mexico is part of the list of countries lacking legislation on the subject.
It is the jurisprudence of the Courts that grants the right to the commissioning parents.
Consult your family advisor about the programs that Gestlife offers you in Mexico, and their characteristics.
The courts currently recognize the rights of intended parents. However, we must be aware that there is not a single State in Mexico that explicitly has a surrogacy law, so Mexico is part of the list of countries lacking legislation on the subject.
It is the jurisprudence of the Courts that grants the right to the commissioning parents.
Consult your family advisor about the programs that Gestlife offers you in Mexico, and their characteristics.
In whose name will the baby be register once it is born?
Once the birth has taken place, the intended parents must register the baby in the civil registry of Mexico City, for which a birth certificate issued by the clinic and the sentence provided by the court must be provide.
In this way, the Mexican passport, passport of the nationality of the parents or safe-conduct (depending on the nationality of the parents) is obtain.
Consult your case with your family advisor at Gestlife. In the case of unmarried males, the surrogate appears on the birth certificate.
Surrogacy Mexico
In this way, the Mexican passport, passport of the nationality of the parents or safe-conduct (depending on the nationality of the parents) is obtain.
Consult your case with your family advisor at Gestlife. In the case of unmarried males, the surrogate appears on the birth certificate.
Surrogacy Mexico
Surrogacy Mexico
Type of gestation
As in most countries, the type of gestational surrogacy in MEXICO is gestational or total, which is the one in which the gestational carrier does not provide genetic material, which is prohibited in most countries that carry out surrogacy.
The genetic material is either provide by the intended parents or by a donor. When we resort to a donor, the donor can only be an egg donor, since in this country there is no court ruling, paternity is determine by filiation, and the father must prove his biological relationship with the baby. The donor can be anonymous or chosen.
Donors are usually healthy women between the ages of 18 and 26, who undergo strict medical control to ensure their health.
If for you, these disadvantages are of weight, you can carry out your process in another of the countries that Gestlife offers you. Consult your family advisor at Gestlife.
An in-country an assistance manager in your language (English, French, Spanish, Italian, German).
Our staff will assist you in our office in Mexico City, in your language. In a process where legal issues are mixed with medical issues, it is important to speak the same language and to understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
It is something that seems obvious, when with some agencies you are lucky enough to speak to an advisor in your language, but as soon as you sign the contract, the rest of the staff do not speak it, and you will have to defend yourself in English, or in another language, with translators. Make sure if you talk to other agencies that this will not happen. A year and a half (the length of a process) having to speak in other languages is very stressful.
As in most countries, the type of gestational surrogacy in MEXICO is gestational or total, which is the one in which the gestational carrier does not provide genetic material, which is prohibited in most countries that carry out surrogacy.
The genetic material is either provide by the intended parents or by a donor. When we resort to a donor, the donor can only be an egg donor, since in this country there is no court ruling, paternity is determine by filiation, and the father must prove his biological relationship with the baby. The donor can be anonymous or chosen.
Donors are usually healthy women between the ages of 18 and 26, who undergo strict medical control to ensure their health.
If for you, these disadvantages are of weight, you can carry out your process in another of the countries that Gestlife offers you. Consult your family advisor at Gestlife.
An in-country an assistance manager in your language (English, French, Spanish, Italian, German).
Our staff will assist you in our office in Mexico City, in your language. In a process where legal issues are mixed with medical issues, it is important to speak the same language and to understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
It is something that seems obvious, when with some agencies you are lucky enough to speak to an advisor in your language, but as soon as you sign the contract, the rest of the staff do not speak it, and you will have to defend yourself in English, or in another language, with translators. Make sure if you talk to other agencies that this will not happen. A year and a half (the length of a process) having to speak in other languages is very stressful.
Own office in Mexico
Gestlife has its own office in this country. We are not intermediaries. Our staff will attend you in our office in Mexico DF, in your language. In a process in which legal matters are mixed with medical matters, it is important to speak the same language and understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
Legal assistance in Mexico
Gestlife has lawyers in its Mexico City office to assist you throughout the process.
Legal assistance in your country of origin
Most "agencies" finish their work when they hand over the baby to you. Others help you to leave the country, but then it is up to you to register your baby in your country of origin. At Gestlife we have a network of lawyers in all countries, so that they can take care of the final procedure in your country of origin, allowing you to register your child without any problems.
Personal assistance during your travels
We do our best to make the surrogacy process a pleasure trip, not a nightmare. But mishaps can always arise, which can endanger the commissioning parents (illness, accident). Gestlife takes care of managing your travel assistance insurance, to guarantee you complete assistance in the event of any incident, and we take care of managing and organizing all the services related to this issue, so that you don't have to worry about it. Our philosophy is to take care of parents 24 hours a day.
Cost of a surrogacy process in Mexico
The cost of a surrogacy process in Mexico, costs between 79.000 and 94.000 euros depending on the program and guarantees selected.
Which program can I take out in Mexico
In all our countries, you can take out the following programs:
🔹BASIC
🔹 STANDARD
🔹STANDARD PLUS
🔹STANDARD PLUS PREMIUM
You can consult the services included in each program in the dossiers of each country. Ask your family advisor for them, with no obligation.
🔹BASIC
🔹 STANDARD
🔹STANDARD PLUS
🔹STANDARD PLUS PREMIUM
You can consult the services included in each program in the dossiers of each country. Ask your family advisor for them, with no obligation.
HIV, Hepatitis and sexually transmitted diseases
Gestlife is one of the few agencies that have programs for parents who test positive for HIV, Hepatitis or sexually transmitted diseases. Nowadays, this is not an impediment to parenthood. If this is your case, consult with your family counsellor, and we will be happy to help you.
Special characteristics of the country
In the absence of surrogacy law Heterosexual married couples, unmarried couples and single people are not explicitly recognized in the law, but they are not forbidden either, as the jurisprudence of the Courts has determined. Therefore, they can carry out the process.
The cost of a process is much lower than in Florida - USA. Most of the programs range between 70,000 and 90,000 euros in total.
Possibility of PGS program with gender selection.
Multiple insurances included in some of the programs:
medical insurance for the surrogate, death insurance for the surrogate or the donor, baby's death insurance with restart of the program, etc... So that whatever happens, you can fulfil your dream of becoming parents.
Disadvantages
The sentence obtained is not recognize by most countries. The child will come in the name of the father, who will have to adopt the baby in his country of origin if there is another spouse, once in his country.
The programs in Mexico do not have an unlimited number of IVFs.
The cost of a process is much lower than in Florida - USA. Most of the programs range between 70,000 and 90,000 euros in total.
Possibility of PGS program with gender selection.
Multiple insurances included in some of the programs:
medical insurance for the surrogate, death insurance for the surrogate or the donor, baby's death insurance with restart of the program, etc... So that whatever happens, you can fulfil your dream of becoming parents.
Disadvantages
The sentence obtained is not recognize by most countries. The child will come in the name of the father, who will have to adopt the baby in his country of origin if there is another spouse, once in his country.
The programs in Mexico do not have an unlimited number of IVFs.
