Surrogacy in Mexico

In Mexico, surrogacy is regulated in several states such as Tabasco or Sinaloa, but only citizens of this country can access. On the contrary, there are states such as Mexico City or Cancun in which there is no explicit legislation that regulates surrogacy, but it is endorsed and allowed for both local and foreign citizens. They are therefore Mexico City and Cancun, two completely safe destinations to carry out a surrogacy process. Both states have had favorable judicial rulings since 2016 that guarantee the legality of the process.

Once the contract with the surrogate mother is signed before a notary, a judicial process begins that will end with the filiation of the newborn on behalf of the intended parents. Therefore, the intended parent or parents will be those who appear as the baby’s parents.

On the other hand, in Mexico, access to citizenship is obtained by birth, which means that regardless of the nationality of the parents, the minor will at least obtain Mexican nationality.

In all cases, the male must provide his genetic material. All those men with Hepatitis or HIV will have access to a surrogacy process.

Cancun is another recommended destination within Mexico to carry out a process. It is important to note that almost the entire process takes place in this state, including the signing of contracts, in-vitro fertilization, pregnancy and delivery, but all the post-birth procedures, such as obtaining citizenship and passport of the newborn, are carried out in Mexico City.

Our agency in Cancun has programs for HIV+ patients, including LGBT family members and single men. The pregnant woman who wishes, can be part of one of these programs, obtaining a much higher compensation than usual.

In order to guarantee that the genetic material is free of the disease, the fertility clinic will perform a semen washing. This is why the surrogate will have all the sanitary guarantees to avoid any type of contagion from the embryo transfer.