Surrogacy in Mexico-Everything You Need To Know.

Surrogacy in Mexico-Everything You Need To Know.

by Neelam Chhagani

Surrogacy in Mexico- The risk and opportunities for surrogacy seekers.

Surrogacy in Mexico was a good option for single and married couples a few years back, but the popularity is not like what it used to be before banning in 2016.

To give the option and to cater to the need of desperate intended parents more creative solutions are coming to exploit the legislative loopholes.

Before you pursue Surrogacy in Mexico, it is crucial that you comprehend what these constraints and the regulations mean for you.

In this article, we will know cover:

  1. Mexican Surrogacy- Can it be an option for me?

  2. Is Surrogacy Legal in Mexico?

  3. Why surrogacy was banned in Mexico?

  4. New secure option in Mexico- “Hybrid US- Mexican Surrogacy.”

  5. Conclusion for Mexican Surrogacy

Surrogacy in Mexico getting popular in USA

Mexican Surrogacy- Can it be an option for me?

Up until lately, if any American parent wanted to go overseas for their surrogacy process, instead of going far, they would have preferred south of the border to Mexico.

Here in Mexico, prospective international parents could have built their family more affordable than the United States.

Surrogacy in Mexico has been and still is governed by state law, as opposed to the law of the united states, the same as in the United States. For decades, Tabasco was the go-to country for international meant parents, for it was the only state where surrogacy was legal.

But, surrogacy at Mexico soon went the way of other international surrogacy programs, enacting new rules which limited exactly who might enter into a surrogacy arrangement inside the state of Tabasco.

Once Mexican surrogacy was a flourishing opportunity, but after the ban in foreign surrogacy in 2016, it has come to an end.

Still, there are many local and international surrogacy agencies offering surrogacy, in more alternative forms. A surrogate mother cost in Mexico is affordable to make it bit pocket-friendly.

However, the lack of a prohibition is not the same as legalization.

Since a long time, Tabasco was the only Mexican state with specific laws that supported surrogacy. That made Tabasco the only state where surrogacy was legal. But it changed in January 2016, when surrogacy was banned in Tabasco.

While Tabasco state has ban surrogacy, but still other Mexican says that there are 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 in Mexico.
  • 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, there is nothing much can be done.
  • 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.

Mexico country mapIs Surrogacy Legal in Mexico?

After 1997, surrogacy has been legal in Tabasco, Mexico, due to modification from the nation’s civil code.

It said that a young kid born out of a surrogate in Mexico would legally belong to the biological parent as per the surrogacy agreement. No longer detailed regulations to the Mexican surrogacy process were drafted.

In response to growing controversies from surrogacy programs around the globe, The Tabasco government realized the need for safe surrogacy rules in 2016. That year, new legislation banned international intended parents from completing a surrogacy. Mexican LGBT people and couples and heterosexual singles were banned from the surrogacy process.

Now, only heterosexual couples with Mexican citizenship, between the age of 25 and 40, that may prove their inability to take a pregnancy, are permitted to pursue surrogacy. Consequently, international intended parents who would like to pursue surrogacy will be doing so illegally.

Why was surrogacy banned in Mexico?

The absence of regulations, when the surrogacy process was first approved led to a lot of risks and complications for Surrogacy services in Mexico. As several internationals meant parents arriving in Mexico dropped. The surrogacy professionals couldn’t keep up with the demand and protection for the intended parents and surrogates started to fall by the wayside. All this lead to Mexico surrogacy ban.

Surrogacy Mexico was disgusted with lots of the controversies which other international programs experienced like:

  • No regulations for surrogate compensation and poor management of surrogate mothers in Mexico.
  • Unlicensed clinics and fertility experts, infant factories, in which surrogates were retained until giving birth.
  • The higher mortality rate in childbirth and much more.
  • The reduced success rate for IVF Surrogacy Programs.
  • Despite these risks, many women have turned to surrogacy to the monetary gain, with a few getting pregnant year after year, and falling prey to the medical risks involved.
  • Although Mexico did not have as high-profile cases like Thailand did with a baby Gammy, case, Mexican officials recognized the possibility of these situations within an unprotected surrogacy process.

Consequently, the Mexican surrogacy constraints were passed soon after these international scandals were publicized around the world.

New secure option in Mexico- Hybrid US- Mexican Surrogacy

Cross-border surrogacy for USA and Mexico. Also known as – “US- Mexico Hybrid Program.”

The basic idea of a hybrid program is to use Mexico, Cancun based IVF Clinic for creating embryos.  Then, bring a  US surrogate mother for frozen embryos transfer.

The cost of IVF in Mexican IVF Clinics is much lower than USA IVF Clinics.

So, medical procedure fee or IVF is much more manageable with a local Mexican egg donor.

Embryos created and transfer to a US Surrogate mother, she comes back for ANC and baby delivery in the USA. The cost of this program is roughly 110,000 USD.

The advantage of US- Mexico Hybrid Program:

  • It keeps the surrogacy cost low but gives the surety of a US surrogate mother with US passport and citizenship for baby.
  • 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.
  • Gay surrogacy in Mexico made available.
  • Surrogacy cost in Mexico is affordable as compared to US surrogacy.

The disadvantage is that the success rate of Mexican IVF clinic is not at par with US IVF Clinics. Som more than one IVF Cycles may be needed to attain the successful pregnancy.

100% Legal and Guarantee baby surrogacy program in Mexico. Relatively affordable Mexico surrogacy cost make it possible.

There is a new option for Mexican surrogacy which comes with a guarantee of the baby for sure.

In this case, a local IVF Clinic in Cancun is used with local egg donors and surrogate mothers, until the baby is born. The commitment of guarantee baby is given, no matter how many IVF cycle is needed to achieve it.

To reduce legal risk, an “a pre-birth court order” is obtained before starting IVF Procedure and embryos transfer to surrogate mother.

This is to ensure the legal right of the Intended Parents right from the beginning.

To safeguard the right of the Intended Parents court order is taken upholding the surrogacy agreement before even embryos transfer.

The court order is roughly the same as a “pre-birth order” given in some USA State. It instructing the birth certificate to be issued with the names of the Intended Parents only.

This unique option is offered by our partner US agency having a  tie-up with an IVF clinic in Cancun.
To ensure there are no obstacles to safe return home with the baby, the Court Order is obtained before any embryos transfer.  The pre-birth order ensures Intended Parents’ names are inscribed on the birth certificate.  This mean surrogate mother has no parental rights or possible claim on the infant.

Mainly, the court order takes the place of legal guidelines and enforces the terms of the surrogacy agreement.

“Guaranteed Baby Surrogacy Program” — meaning the clinic will perform unlimited medical procedures until a healthy baby is born. The cost of such a program is in between 100,000 USD to 110,000 USD.

Surrogacy in Mexico is banned now

Conclusion for Mexican Surrogacy

The bottom line is foreigner couples can still use Mexico as surrogacy destination under a more safe and secure way. The surrogacy cost in Mexico gives it an advantage for US citizens, as they get a relatively low-cost surrogacy which is geographically closer to them.

A new and more secure and affordable surrogacy destination for the single male and gay couples in Colombia.

For married hetero, there are more affordable and legally viable option available- Georgia and Ukraine.

Are you looking to become a parent via surrogacy process?  We can help you with finding the right surrogate mother in multiple surrogacy countries.  Contact for a free consultation to know your best surrogacy options. 


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