Mexico has become an increasingly popular international destination for surrogacy, due to a variety of reasons—one of the most important being its legal framework, which allows almost anyone to access this assisted reproductive technique and have the opportunity to start a family. At Surrogacy Lawyer Mexico, we share with you the conditions that commonly concern intended parents when pursuing their surrogacy journey in this country.
It’s important to note that this information is based on experience in the Mexican states where surrogacy is most frequently practiced, such as Jalisco and Mexico City. Although the states of Tabasco and Sinaloa have legislation in place, they also contain restrictive provisions that often require a legal challenge to contest the relevant laws.
Family Type: Both individuals and couples—regardless of gender—can pursue a surrogacy process. The Supreme Court of Justice of the Nation has established that in Mexico, family is a social reality and must be recognized in whatever form it takes, including heterosexual couples, same-sex couples, and single parents.
Marital Status: For individuals, it's clear that a specific marital status is not required. Even for couples, it has been established that being legally married is not a prerequisite to undergo a surrogacy process. However, at SLM, we recommend showing the judge that there is a strong and stable bond between the intended parents seeking to conceive a baby
through surrogacy.
Residency: Intended parents are not required to reside in Mexico to undertake a surrogacy process. According to existing human rights in Mexico, individuals cannot be discriminated against based on nationality, and anyone who enters the country is entitled to the same rights as a Mexican citizen.
Genetic Link: It is not necessary to have a genetic link with the baby to be conceived, as one of the principles by which legal parenthood can be acquired in Mexico is the concept of “procreational will” (i.e., the intention to become a parent).
It is important to note that this publication is based on practical experience in the Mexican states where surrogacy is most commonly practiced, such as Jalisco and Mexico City. While the states of Tabasco and Sinaloa have specific legislation in place, they also contain restrictive provisions that may require legal proceedings to challenge the respective laws.
