Surrogacy in Mexico has become an increasingly viable option for intended parents from around the world. Though not federally regulated, the legal landscape is favorable thanks to human rights protections upheld by the Mexican Supreme Court. If you’re considering Mexico for your surrogacy journey, here’s what you need to know.

Is Surrogacy Legal in Mexico?

Yes, surrogacy is permitted in Mexico. While there is no federal legislation, surrogacy is regulated only in the states of Tabasco and Sinaloa. In all other states, it is legally allowed under the constitutional principle that everything not prohibited is permitted.
Surrogacy is recognized as a human right, especially for individuals or couples who are unable to form families naturally due to infertility or biological limitations.

Because of this framework, intended parents can pursue surrogacy across most of the country through a legal tool called an amparo trial, which protects their constitutional rights. Some states, like Jalisco and Mexico City, are more experienced in handling surrogacy cases, often resulting in faster and more predictable legal processes.

 

The Surrogacy Process in Mexico

The process typically begins with legal counseling and a signed surrogacy agreement. Here’s a simplified breakdown:

1. Surrogate Selection: Must include psychological evaluation and socioeconomic review to ensure voluntary participation.

2. Medical Phase: IVF is carried out, often without the surrogate contributing genetic material (which avoids additional legal complications).

3. Legal Steps: An amparo trial is filed to ensure the intended parents are listed on the birth certificate.

4. Birth and Documentation: The baby remains with the surrogate for 48 hours, as per hospital policy. Intended parents must be present at birth.

5. Travel Prep: Once the birth certificate is obtained, the baby’s passport (or an emergency passport for U.S. citizens) is requested.

In most cases, compensation for the surrogate is allowed, and the process is inclusive of all family types—heterosexual couples, same-sex couples, and single parents.

 

Legal Protection: The Role of the Amparo Trial

The amparo trial is a constitutional legal tool used to enforce human rights. It is essential in surrogacy cases to:

  • Request that the gestational carrier not be listed as the mother on the birth certificate.
  • Validate the parenthood of the intended parents based on “procreational will”, a legal principle in Mexico.

 

The trial can be filed at various stages:

  • After birth, before the birth certificate is issued (common in many states)
  • During pregnancy, after week 12 (common in Jalisco)
  • After the birth certificate is issued, aiming to remove the surrogate’s name (rare and still under review in courts)

 

Final Thoughts

Surrogacy in Mexico provides a legally sound and accessible path to parenthood, thanks to a combination of constitutional protections, experienced legal support, and inclusive eligibility criteria. Still, as with any international journey, partnering with reliable professionals and legal counsel is essential.