Once surrogacy in Mexico was a flourishing, but after the ban in foreign surrogacy programs in 2016, surrogacy in Mexico has come to an end. Still, there are many local and international surrogacy agencies offering surrogacy in Mexico, in one or other forms.
Is surrogacy legal in Mexico?
Surrogacy in Mexico has been and still is regulated by state law rather than federal regulation — just like in the United States. Right now there is no current federal government law banning surrogacy.
However, the lack of a prohibition is not the same as legalization. Regarding years, Tabasco was the only Mexican state with explicit laws that supported surrogacy. This made Tabasco the only state where surrogacy in Mexico was legal. But it changed in January 2016, when surrogacy was banned in Tobasco.
While Tabasco state has ban surrogacy but still other Mexican says have no surrogacy regulations. Consequently, some “unregulated surrogacy” programs continue to be offered.
Mexico City and Cancun continue to be the most frequent destinations for these services. However, Intend Parents should know that unregulated surrogacy programs have their own risk.
Here’s what you need to know about unregulated surrogacy in Mexico. An unregulated surrogacy program is simply a personal arrangement between the Intended Parents and the surrogate. The contract has no legal weight and can’t be enforced. There is no legal security for the parents , if the surrogate should choose to change her mind and request custody of the infant. Any dispute of the child’s custody will be resolved in the local Family Court, where laws inevitably support the rights of the birth mother.
Surrogacy in Mexico is currently offered via 2 options:
1. Standard surrogacy program in Mexico- Surrogacy via cross-border surrogacy or also known as – “US- Mexico Hybrid Program”
The idea is to use Mexico based IVF Clinic for creating embryos and doing embryos transfer in a US surrogate mother. It goes without saying that the cost of IVF is much lower in Mexican IVF Clinics and thus it helps to keep the overall cost low. It is good to use a Local Mexican egg donor to even reduce the cost further. Once embryos transfer done, US surrogate comes back for ANC and baby delivery in the USA. The cost of this program is around 100,000 USD
The advantage of this kind arrangement is that it keeps the cost low but give the assured of a US surrogate mother and thus baby get the US passport and citizenship. It also protects the right of the Intended parents and gives them much needed peace of mind. Such a program is popular among the Chinese IPs who looks for US citizenship for baby and gender selection as well.
The main disadvantage is that, as the success rate of Mexican IVF clinic is not at par with US IVF Clinics, many cycles of IVF is needed to attain the successful pregnancy.
2. 100% Legal and Guarantee baby surrogacy program in Mexico- There is a new option in which an “a pre-birth court order” is obtained before the staring of the IVF and embryos transfer to ensure the legal right of the Intended Parents right from the beginning. To safeguard the right of the Intended Parents and to make the whole process more secure and regulated, a court order is taken upholding the surrogacy agreement before even embryos transfer.
The particular court order is roughly the same as a “pre-birth order” given in some USA and instructing the birth certificate to be issued with the names of the Intended Parents.
This is a unique option is offered by one of our partner US agency with ties to a clinic in Cancun. To ensure there are no obstacles to a safe return home with the baby, the Court Order is obtained before any embryo move if performed. The order ensures the Intended Parents’ names are inscribed on the birth certificate and the surrogate mother has no parental rights or possible claim on the infant.
Essentially, the court order takes the place of legal guidelines, and enforces the terms of the surrogacy agreement.
The precise program being offered is also a “Guaranteed Baby Surrogacy Program” — meaning the clinic will perform unlimited medical procedures until a healthy baby is born or maybe the Parents decide to cease their journey. The cost of such a program is in between 100,000 USD to 110,00 USD.
We are happy to announce that we can offer both standard “US- Mexico hybrid” program and “100% legal Guarantee baby surrogacy program” to Intended Parents. The bottom line is that foreigner couples can still use Mexico as surrogacy destination under a more safe and secure way.
In case you have more questions or wish to know more about it, please feel free to get back to us at firstname.lastname@example.org