What to Know About Surrogacy in Mexico

Like many international surrogacy options, surrogacy in Mexico is unavailable to international intended parents. Why? Read more here.

Like many international surrogacy options, surrogacy in Mexico and its availability has changed a great deal over the past decade. Therefore, it’s important that any intended parent — either from Mexico or from another country — fully understands the current situation for surrogacy in this country before proceeding down a path that could not only land them in legal trouble but also lead to more heartbreak if the process fails.

This article will give you a good idea of what surrogacy in Mexico is really like today and whether it’s an option for you. Keep reading to learn more about the current surrogacy legislation in this country and how it got to this point today.

Current Laws Regarding Surrogacy in Mexico

Unfortunately, like in many other countries around the world, surrogacy in Mexico is illegal for intended parents from other countries. Like in the United States, surrogacy laws are largely determined by state legislation, not national, which meant some Mexican surrogacy options were available to American intended parents as recently as 2016 through the state of Tabasco. However, in 2016, legislators restricted their surrogacy process to nationals only, causing confusion and distress for many intended parents who were currently in the middle of the surrogacy process.

Today, surrogacy in Mexico is still determined by state laws, which only allow Mexican heterosexual couples between the age of 25 and 40 who can prove inability to carry a pregnancy to participate in surrogacy in Mexico. International intended parents, Mexican LGBT individuals and couples and heterosexual singles are prohibited from Mexican surrogacy. Therefore, international intended parents who complete a surrogacy in Mexico today are completing the process illegally and won’t be able to obtain a birth certificate for their child (more on that below).

Therefore, due to this legal situation, surrogacy in Mexico is and likely will continue to be an impossible option for international intended parents, including Americans.

Important Ethical Considerations about Surrogacy in Mexico

Because the laws banning international surrogacy in Mexico are still so new, there are many international intended parents who are still caught in the surrogacy process and facing ethical and legal complications.

When the state of Tabasco issued the international surrogacy ban, it waited nine months before it ceased issuing birth certificates to babies born from the surrogacy process to foreign intended parents. However, surrogacy is a process usually takes more than one embryo transfer — which means that nine months does not provide the time needed to successfully bring a baby into the world when you count the medical and screening processes involved before a surrogate even becomes pregnant. As the New York Times reported, an estimated 100 babies were still expected to be born even a year into the surrogacy ban.

For the families stuck in Mexico awaiting papers for their newborns, their only option has been to sue the Mexican government — a process that takes time and gives mixed results. For families who are still in the surrogacy process, their future after their baby is born remains uncertain.

In addition to these legal concerns regarding surrogacy in Mexico, the unregulated process in the past resulted in many of the same ethical concerns associated with many international surrogacies. Because Mexican surrogacy offered a lower cost than American surrogacy, there was also the trade-off of a riskier venture: lower medical success rates, questionable practices, potential for exploitation and more.

If You’re Interested in Surrogacy in Mexico

While you may come across agencies and professionals who advertise surrogacy in Mexico today, you should be cautious before pursuing this process with them. As mentioned before, surrogacy in Mexico for international intended parents is illegal, and if you choose to move forward with a Mexican surrogacy, you will likely be opening yourself up to legal and practical complications that could greatly extend your wait time and your overall surrogacy cost. While surrogacy in Mexico may originally seem cheaper, many of those estimates don’t involve the now-necessary legal steps of suing for a baby’s birth certificate.

On the other hand, some programs combine IVF treatment in Mexico with a surrogacy birth in the U.S. This may seem like an ideal situation, but remember: Because it’s generally accepted that the restrictions on surrogacy laws in Mexico came from a desire to exclude LGBT individuals, fertility clinics in Mexico may follow the same route. Programs that seem possible now are always up for debate in a country where surrogacy laws are restrictive or undefined.

The absolute safest option for any intended parent wishing to complete a surrogacy — whether from outside the United States or not — is to complete a surrogacy within the United States. The well-regulated process has made it possible for experienced surrogacy agencies to develop international surrogacy programs that protect your rights every step of the way, as well as domestic programs that put intended parents’ minds at ease. With American surrogacy, there is no concern over the laws changing quickly and not completing your process; when you work with an agency like American Surrogacy, you will have a baby.

To learn more about our surrogacy programs for both domestic and international intended parents, please call our surrogacy specialists at 1-800-875-2229 or contact us online today.

Remember, surrogacy laws around the world are constantly changing — and surrogacy in Mexico is no exception. While we’ve tried to provide the most accurate, up-to-date information on surrogacy in Mexico in this article, you should not take this information as legal advice. If you’re interested in a surrogacy in Mexico, we highly encourage you to speak to a lawyer experienced with Mexican surrogacy law before proceeding with this process.