Mexico

Surrogacy in Mexico today represents an alternative to the United States and Canada because of the much more affordable costs of the journeys, as well as legal rights, including health care, recognized for intended parents from other countries. Surrogacy is heavily protected by courts. In Mexico City, capital of Mexico and State of the Union, based on the local Civil Code and the Mexican Constitution, recognition of the filiation relationship between intended parents and children born through surrogacy is obtained by court order

mexico surrogacy

Accessibility

Single parents, married and unmarried heterosexual and homosexual couples surrogacy mexico

Conditions

No pending criminal charges and financial ability to educate and raise the child

Programs

Set-price packages with unlimited IVF and embryo transfers

Cost

Medium - low, excellent alternative to U.S. and Canada

Possibility

Selection of the child’s gender

Legal aspects

Parentage via court order - intended parents named on the birth certificate

Capital

Mexico City

Language

Spanish

Form of government

Federal Government

More information

Definition of surrogacy program

A surrogacy program is a set of medical and legal procedures whose ultimate goal is to have a child with an alternative to natural conception. The parties involved in the procedure are: the intended parents (or parent in the case of single individuals), an assisted reproductive clinic and a foreign agency or other equivalent entity capable of filling the needs related to egg donation and gestational carrier. An attorney experienced in the applicable law of the country in which the program takes place should be considered a key part of the process

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Surrogacy Mexico: program costs

There is no single cost that applies to every case. In fact, the price is closely related to certain variables such as whether an egg donation is needed, the type of program requested from the IVF clinic which translates into the number of in vitro fertilization and embryo transfers covered. There can be one, two, three or unlimited transfers until pregnancy is achieved. Having clarified all possible variables, an estimate based on the case histories we have had allows us to say that the average price today for a guaranteed set-price journey, (with no extra costs) including unlimited IVF and embryo transfers, egg donor, surrogate mother and legal is roughly $75,000 USD. The average cost of a program with one’s own embryos, surrogate and legal support is roughly $69,000 USD. It has become an increasingly popular path the dual program, which guarantees the birth of two children at a fixed price. This program includes an egg donor, two surrogate mothers, and legal support, with a total cost of approximately $125,000 USD.

Legislation in Mexico and "ius soli"

It should be noted that Mexico is a federal state, in which each of the states that make up the union has its own Civil and Criminal Code and its own judiciary. Surrogacy is not regulated in all states, but only in the states of Tabasco and Sinaloa where, in 2016, it was allowed for Mexican citizens only. However, in the other states, surrogacy is neither regulated nor prohibited. Therefore, in Mexico City, the federal capital and state of the Union, the procedure is carried out with ample legal guarantees. It is a given that, based on the provisions of the local Civil Code and the Mexican Constitution, the recognition of the filiation of the intended parents (or single parent) is obtained by judgment. They are therefore recognized as the parents of the unborn child for all purposes. This practice, in place since the beginning of 2018, now allows everyone the right to procreation and the right to be a parent, regardless of sexual orientation or gender identity, thanks to Mexican law. This means that singles, as well as heterosexual and homosexual couples, can have children through surrogacy in Mexico. Like the United States, Mexico also gives birthright citizenship "ius soli", which stipulates that citizenship is acquired by the fact of being born on the state's territory. This means that the newborn can obtain the Mexican citizenship by the mere fact of being born on Mexican soil. This will be an additional advantage upon expatriation.

The Supreme Court of Justice and secondary sources legitimacy

In Mexico, there are no specific regulations regarding filiation, maternity or paternity in the event that surrogacy is used. The only expressed prohibitions are those of Article 466 "General Law of Health," i.e., the prohibition of artificial insemination in a minor or a person who has been declared incapacitated. It also states that it is prohibited for a married woman to agree to artificial insemination without the consent of her husband. However, at a local level (Mexico is federal state), in some areas there are express rules regarding reproductive techniques and artificial insemination even though not all of them refer to surrogacy. For example, an express local legislative provision is found in the Civil Code of the State of Tabasco, in which the use of surrogacy is allowed only for Mexican citizens. This is true whether the gestational surrogate contributes her egg or not, and provision is made for the intended parents to be recognized as legal parent(s) of the child. In contrast, in the Family Code of the State of San Luis Potosi, surrogacy does not exist, resulting in the attribution of parental authority to the woman who births the child. In all states, where there is a lack of express legislation, the precedent (which refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts) issued by the "Maximo Tribunal Constitucional," the highest jurisprudential authority in the Mexican Federal State, applies. They explain that the absence of secondary legislation at a local level should not be understood as an obstacle to the recognition, protection and validity of the fundamental rights of the person. Thus, surrogacy, carried out voluntarily by a woman who undertakes to help other people become parents, as an exercise of her "personal autonomy," is permissible.

Program with existing embryos

Many intended parents who resort to surrogacy, see this technique as a"last resort" for the realization of their dream. There are frequent cases in which medically assisted procreation for the realization of their dream. There are frequent cases in which medically assisted procreation has been used due to a woman's difficulty in conceiving either with Homologous artificial insemination (creation of embryos in which both gametes come from the couple) or Heterologous artificial insemination (creation of embryos in which one or both gametes come from a donor outside the couple).
In the cases where pregnancy is not achieved despite the use of IVF, using a surrogate becomes almost a natural path. The United States, on a par with Mexico and United States and other countries over surrogacy in Portugal , offers an alternative program with one’s own embryos. This program ranges from one embryo transfer to unlimited transfers (i.e., until all available transferable embryos/blastocysts are exhausted). Among other things, this option is accessible at a significantly lower total cost. However, a great deal of attention must be paid here to the country of origin of the embryos, i.e., the state in which they were created and the relevant regulations. In fact, some IVF clinics do not easily grant clearance to ship genetic material abroad for purposes other than those for which they were taken. Therefore, it becomes crucial to have experts help navigating the regulations governing the program in Mexico both before (when possible) and after the creation of the embryos. This includes applying for the necessary permits for sending them abroad. Another alternative is the creation of embryo directly in the Mexican clinic where the embryo transfer to the gestational surrogate will take place.

Dual program for two babies

The dual program ensures the birth of two children by involving two surrogate mothers who will undergo embryo transfer at the same time. This type of program is particularly suited for those who seek greater security and predictability in their journey towards parenthood, allowing them to grow their family with the birth of two babies in very close timeframes.
Moreover, for male gay couples, there is the possibility of using the genetic material (sperm) of both partners with the same egg donor, thus offering the opportunity to have biological children who will also be genetic siblings. The children will be genetically related through the egg donor but each carry the DNA of the respective father. The dual program maximizes the probability of success, also thanks to the double stimulation of the donor, which allows for obtaining an optimal number of eggs for embryo creation. This process is supported by a strong medical and legal framework, ensuring the safety of the journey both during gestation and after the birth of the babies.

Intended Parent requirements

The legal process culminates in a judgment, recognizing filiation to the parent or parents who are the commissioning parents and has certain mandatory requirements for admission to the procedure. These include the absence of pending criminal charges and demonstrable economic and material means to educate, support and raise the child. Furthermore, in the case of heterosexual or homosexual couples, in order for the filiation to be recognized directly in favor of both, it will be necessary to prove that they are united in marriage or in some other type of civil union.

Birth Certificate

The birth certificate in the case of a couple either heterosexual or homosexual, will bear both names of the intended parents.

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