February 27, 2023

The Ultimate Guide: Surrogacy in Mexico – Legal or Illegal?

If you are a couple struggling with infertility, surrogacy may be your first option. In recent years, Mexico has become a popular destination for surrogacy, and intended parents from around the world are finding solutions to their childlessness through the option of surrogacy in Mexico. Surrogacy itself might be controversial, and each country may have its way of regulation for surrogacy. While surrogacy is still a legal process in Mexico, we’ll try to cover some of the essential things you need to know in this guide.

What is Surrogacy?

Surrogacy is a method that involves a third party, the surrogate mother, to carry the child of another individual. Surrogacy is often the last resort for couples who can’t have children naturally. Generally, it’s considered for non-traditional couples such as same-sex couples or single parents, or couples with infertility problems.

Surrogacy may involve two types of procedures, traditional surrogacy, or gestational surrogacy, which is a more common approach. Traditional surrogacy is a procedure where the surrogate mother is genetically related to the child. On the other hand, Gestational surrogacy typically involves In Vitro Fertilization or IVF, where the implanted embryo is formed using the egg and sperm of the biological parents or donors.

The Legal Aspect of Surrogacy in Mexico

Surrogacy is still a legitimate process in Mexico, and it is not a criminal offense. Some of the states that have made surrogacy legal include Aguascalientes, Colima, Jalisco, Morelos, Sinaloa, and Tabasco. In Mexico, surrogacy is regulated by the Mexican Federal Civil Code and the regulations set forth by each Mexican state.

In the surrogacy process, intended parents sign a contract with the surrogate mother or gestational carrier. The contract outlines terms and conditions such as compensation, insurance agreements, and the role the surrogate mother will play in the process. While surrogacy can proceed in Mexico, it’s essential to have legal representation to protect the interest of both parties.

The Costs of Surrogacy in Mexico

When it comes to the cost of surrogacy in Mexico, it is reasonable compared to other countries providing surrogacy services. The charges in Mexico mostly vary from $50,000 to $70,000 for gestational surrogacy, which may be less expensive than some other countries such as the United States.

When determining the cost of surrogacy in Mexico, there are several expenses involved, including medical bills, IVF costs, medication, legal fees, agency fees, and insurance coverage. As a result, intended parents must be prepared to pay for these costs, plus incidentals such as travel to and from Mexico, translator fees, accommodation, and more.

Benefits of Surrogacy in Mexico

Surrogacy in Mexico has numerous benefits that make it a desirable option for intended parents worldwide. One of the benefits is the cost of surrogacy in Mexico, which is lower than other countries such as the United States, Canada, or European countries. Another benefit of parenthood in Mexico is that intended parents don’t need to worry about nationality or citizenship issues. A baby born through surrogacy in Mexico will automatically become a Mexican citizen, and intended parents are free to apply for citizenship for the baby in their home country.

In addition to these benefits, Mexico offers a range of highly skilled professionals in the medical field, such as IVF clinics and doctors that provide surrogacy services, making the process seamless, safe, and effective.

Risks of Surrogacy in Mexico

While surrogacy in Mexico is legal, it comes with certain risks, so it’s essential to have a professional legal representation throughout the surrogacy process. One of the major risks of surrogacy in Mexico is that it’s not highly regulated, meaning that intended parents have to be cautious when seeking surrogacy services.

Moreover, intended parents must select reputable and experienced surrogacy agencies in Mexico, who understand the legal requirements and can ensure the safety and security of both the surrogate mother and intended parents.

The Choice Between Commercial and Altruistic Surrogacy

Mexico allows both commercial and altruistic surrogacy; however, it considers the commercial surrogacy illegal in some states. Commercial surrogacy involves the surrogate mother or gestational carrier receiving financial compensation, while altruistic surrogacy involves no financial gain for the surrogate mother, only helping out of kindness.

It’s important to note that altruistic surrogacy may still involve some expenses for the surrogate mother, so compensation may still be needed for procedures such as IVF treatment, prenatal care, and incidental expenses such as transportation costs.

Who is Eligible for Surrogacy in Mexico?

Mexico doesn’t have any specific qualifications or restrictions regarding who is eligible for surrogacy. However, some states may have different requirements, such as age, marital status, or sexual orientation. It’s important to seek professional advice and legal representation before starting the surrogacy process to ensure the protection of both the surrogate mother and intended parents.

Controversies Over Surrogacy in Mexico

While surrogacy is legal in some parts of Mexico, it has received mixed reactions from proponents and opponents. Some opponents argue that surrogacy violates the rights of the child, while others claim it’s unfair to the surrogate mother as it renders her as a reproductive object.

This argument has led to the Mexican Federal Constitution Draft, seeking to ban all forms of surrogacy. However, the proposed legislation has yet to become law, and surrogacy remains a legal and reasonably popular procedure in Mexico.

The Role of Surrogacy Agencies

Surrogacy agencies in Mexico help intended parents find surrogate mothers or gestational carriers without incurring legal risks or ethical issues. They provide professional advice and select reputable professionals in the medical field, such as fertility specialists, lawyers, and clinics.

However, intended parents must ensure that selected surrogacy agencies in Mexico are licensed and have a good reputation for providing professional support to their clients.

Legal Representation in Surrogacy in Mexico

Surrogacy in Mexico is a complicated legal process, and intended parents must have legal representation through every step of the process. A legal representative’s role is to ensure that both the surrogate mother and intended parents are protected and their interests are respected.

Legal representation is essential because of the legal complexities surrounding surrogacy and the different regulations set by each Mexican state. An experienced lawyer can provide professional advice and a legal framework that protects the interests of all parties.

Cultural and Language Barriers

One of the potential challenges of surrogacy in Mexico is the cultural and language barriers. Mexico has its unique culture, including language, customs, and traditions.

Intended parents must be prepared to encounter various customs and traditions during the surrogacy process. Furthermore, intended parents must have reliable translators or access to bilingual intermediaries who can help to mediate any cultural misunderstandings.

The Medical Aspect of Surrogacy in Mexico

Medical care is a critical part of surrogacy in Mexico. Medical procedures such as IVF treatment, prenatal care, and delivery must be conducted in qualified medical establishments.

Intended parents must research and find reputable fertility clinics in Mexico, work with experienced IVF specialists, and obstetricians to ensure that the process is safe and effective. All medical procedures must comply with the legal and ethical requirements set out by Mexican law.

The Conclusion

Surrogacy in Mexico is a popular option for intended parents worldwide, and it offers numerous benefits, including lower costs, Mexican citizenship, and access to qualified medical professionals. Furthermore, Mexico’s legalization of surrogacy provides an attractive and safe alternative to countries where surrogacy may be illegal.

Before starting the surrogacy process in Mexico, intended parents must ensure that they have access to reputable agencies, legal representation, and professional medical care.


How long does the surrogacy process take in Mexico?

The surrogacy process in Mexico typically takes about 12-24 months. The duration of the process depends on the time taken to find a surrogate, evaluate and sign a contract, and the fertility treatment’s success.

What are the legal requirements to qualify for surrogacy in Mexico?

Most states in Mexico don’t have specific legal requirements for surrogacy; however, some may have age, marital status, or sexual orientation restrictions. Intended parents must seek professional legal advice and representation before beginning the surrogacy process.

How much does surrogacy cost in Mexico?

Surrogacy in Mexico can cost between $50,000 to $70,000. The cost of surrogacy is determined by the fertility treatment and legal fees, compensation for the surrogate mother, prenatal care costs, and other incidental expenses.

Who has legal parental rights over the child born through surrogacy in Mexico?

The surrogate mother and her partner, if any, have no legal parental rights over the child born through surrogacy. The intended parents are recognized as the legal parents of the child born through surrogacy.

What are the risks of surrogacy in Mexico?

The risks of surrogacy in Mexico include the possibility of selecting an inexperienced agency or surrogate mother, lack of regulation in some Mexican states, and potential legal challenges. It’s essential to have legal representation and access to reputable agency professionals who understand the legal requirements of surrogacy in Mexico.

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