Surrogacy in Mexico had changed dramatically by the end of 2021, after the Supreme Court guidelines that surrogacy was a protected medical procedure. As a result, in some Mexican jurisdictions, prospective parents are listed on the birth certificate of their surrogate children immediately after birth.
In 2021, Mexico joined a shortlist of countries with a legitimate outline that supports paid surrogacy for married, single, gay, heterosexual, and foreign prospective parents.
The Supreme Court’s decision violates the ban on surrogacy in the state of Tabasco. It retreated from the ban and reformed the rules as they were before the ban was introduced. As a result of a court ruling, no state in Mexico can ban surrogacy.
The new framework came with a prodigious decision from the Supreme Court.
- The pronouncement has three main components:
Surrogacy is a protected human right.
- The prospective parents are the lawful parents of the surrogate child
- Surrogacy should be available to all
Like the United States, every state in Mexico regulates surrogacy on its territory.
Following a series of observable media scandals in 2016, surrogacy has been banned in several Mexican states. The Supreme Court lifted the bans of 2021. This protects surrogacy throughout Mexico.
Although surrogacy is protected by the courts, some states are relaxed to enforce the order. As a result, surrogacy in Mexico is still safe in selected regions.
Intended parents should consider programs in these friendly jurisdictions. These states allow a “prenatal parental order” for the birth certificate to be issued with the names of the intended parents.
Today, only heterosexual couples with Mexican citizenship between the ages of 25 and 40 who can prove their inability to conceive continue their surrogacy in Mexico. Therefore, internationally-minded parents who want to pursue surrogacy in Mexico will do so illegally.
Why is Mexican surrogacy banned?
The lack of regulation when the surrogacy process was first enacted led to many surrogate risks and complications in Mexico. As the number of internationally-minded parents moving to Mexico increased, surrogacy professionals failed to keep pace with demand, and the protection of intended parents and surrogates began to decline.
Surrogacy in Mexico is plagued by many controversies faced by other international programs: no substitute compensation regulation, unlicensed clinics, and fertility specialists, “child factories” where surrogates are held until birth, higher maternal mortality, and so on. Despite these risks, many women resort to surrogacy for financial gain, with some becoming pregnant each year – and falling victim to health risks.
While surrogacy in Mexico was not as important as the Thai “Baby Gamma” case, Mexican officials recognized the potential of these situations in the uncontrolled surrogacy process. In Mexico, substitute bans were passed shortly after international scandals around the world became headlines.
Alternatives to Mexican Surrogacy
While Mexico is waiting for the consequences of a new Supreme Court decision, some creative options may still create surrogacy in Mexico. There are now three basic options.
The most common Mexican alternatives are offered by local substitutes with US visas. These programs promise to bring a replacement to the United States in the third trimester for delivery in Texas or Southern California. Although this option is the most common, it is also the least secure. Couples are often advised to avoid such programs.
Other more favorable options include “borderline” options with Mexican clinics and American substitutes. This “borderline” option is safer because the US citizen is born in the United States, but storage costs are minimal.
The new opportunity is also being used by Mexican courts to obtain a “parental birth order” to protect the legal rights of the intended parents. This methodology offers some aid but also enhances the cost and time of the traditional surrogacy program in Mexico.
Ravi Sharma is a self-motivated, successful entrepreneur and has a solid experience in the fertility segment. and he is the director at ARTbaby Global (ARThealthcare). He is a pharmacy graduate with post-graduation in business administration and has 14 years of rich experience in the field of infertility segment. He loves to write about IVF, Surrogacy, and other ART (assisted reproductive technology) news, issues, and updates. He is a Pharmacy graduate (B. Pharm) and M.B.A (marketing).
His most recent success includes the successful launch of the medical tourism company, ARTbaby, which offers treatment options for infertility, egg donation, and surrogacy. He likes spending time with his family and writing about various aspects of IVF surrogacy and donating eggs.