Surrogacy in Mexico is mostly unregulated, yet few of the states approves surrogacy program within their jurisdiction. The future of surrogacy in Mexico was in doubt when new legislation was passed in 2016.
In 2021, however, the Supreme Court ruled that commercial surrogacy might be allowed in the country in the near future married, single, homosexual, straight, and foreign nationals alike.
Still, as of now, we can only say that Surrogacy is neither illegal nor legally permissible within the legal territories of the country. Besides, there is a big variation in states that allow or doesn’t allow surrogacy in Mexico.
What we will cover in this article:
Is Surrogacy Legal in Mexico?
Currently, surrogacy is only legal in the two Mexican states of Tabasco and Sinaloa. However, Coahuila, San Juan and Querétaro have all banned surrogacy. The rest of the surrogacy laws in Mexico are undefined. All Mexican states can now legislate as they see fit in light of the recent verdict, which includes permitting commercial surrogacy for any Intended Parent who so desires. Hence, we can quote that Surrogacy in Mexico will now be subject to state regulation.
International couples can use surrogate mother in Mexico with no restrictions at the present, but this may change as state legislatures consider the ramifications of the recent court decision.
There are no surrogacy regulations in other Mexican states, despite Tabasco's restriction on foreign surrogacy. Unrestricted surrogacy programs are still available as a result of this. The most popular destinations for these programs are Mexico City and Cancun.
All Intended Parents should be aware of the special hazards associated with unregulated surrogacy programs. Besides, they must connect with a reputed surrogacy agency in Mexico to avoid any legal hassles during the process.
Surrogacy in Mexico: what Intended parents need to know?
Surrogacy in Mexico largely depends on the state you have picked to pursue surrogacy at. In general, a private agreement between the intended parents and the surrogate is all that constitutes an unregulated surrogacy program. The same agreement, however, is void and unenforceable under law.
If the surrogate decides to change her mind and ask for custody of the kid, there is no legal protection for the Intended parents. It is the local Family Court that will determine any disputes over a child's custody, and it is there that birth mothers' rights are always upheld.
The lack of a legal framework allows local authorities to "regulate’ at their pleasure. Other countries' conservative governments have declared surrogacy to be a type of Human Trafficking without notice when there was no legal framework in place.
The local police took immediate, unexpected, and serious action against both parents and surrogates as a result of their involvement.
Surrogacy for same sex in Mexico is also restricted and one needs to opt for surrogacy in USA in the same regard. Besides, if you are looking for surrogacy for single men in Mexico, you may also need to seek other surrogacy destinations.
How a new court order can be seen as a positive move for surrogacy in Mexico?
By providing a judicial decision prior to the surrogate becoming pregnant, a new court order in Mexico avoids the possibility of "unregulated" surrogacy in Mexico. According to the order, the birth certificate should be provided with the names of the Intended Parents, which is akin to a "pre-birth order" in some US states.
Before any embryo transfer at surrogacy clinic in Mexico, a court order is required to guarantee that the baby's safe return home is not jeopardized. To ensure that the Intended Parents' names appear on the birth certificate and the surrogate does not have any parental rights or possible claims, a court order is required.
To put it another way, the court ruling enforces the surrogacy contract conditions in place of legislation. Time and legal fees are also added expenditures associated with the Court Order process.
What is a Hybrid Surrogacy program?
Cross-border surrogacy in Mexico is available through several surrogacy agencies in Mexico. In cross-border surrogacy, the IVF is done in a foreign clinic, and the parents' embryos are conceived, but the embryos are transferred to an American surrogate in the United States.
Pregnancy and childbirth are then completed in the United States, where the laws are kind and supportive of both the mother and child. The advantage is that clinic procedures in Mexico can be performed at a reduced cost at Surrogacy clinics with the full legal safeguards of the United States.
Fertility tourism is becoming increasingly popular in Mexico, which is already a popular medical tourism destination for Americans. It is estimated that 1 million married women in the United States are unable to become pregnant. IVF procedures in the United States can cost as much as $25,000, which is prohibitive for most families.
However, the same procedure costs a third as much as surrogacy treatment in Mexico. Surrogacy programs in the United States may be able to save money by using Mexican clinics. IVF clinics in Mexico have lower pregnancy rates than those in the United States.
Is Hybrid surrogacy program really beneficial for you?
Infertility treatments, including surrogacy, are held to the highest international standards in the United States. There are numerous states in the United States where surrogacy contracts can be legally enforced, unlike in Mexico. Future Parents can be included as legal parents on surrogacy agreements' birth certificates.
Commercial surrogacy services are also permitted in certain places in the United States. Children born in the United States via surrogacy agreements are eligible for US citizenship and passports at birth.
Traditional surrogacy program in the United States can cost more over $150,000 USD, but cross-border procedures can cost as little as $100,000 thanks to collaborations with IVF clinics in Mexico. Additionally, local Mexican egg donors are less expensive, coming in at around $5,000 USD as opposed to $18,000 USD for an American donor.
All medical procedures, including egg donation, endometrial stimulation, and ICSI/IVF, are now performed by Mexico surrogacy clinics under the new protocols. An embryo transfer in Mexico occurs after the surrogate receives the healthy children she carried during her pregnancy.
All of the surrogate's prenatal and postpartum treatment and delivery takes place in the United States, in a state that supports surrogacy.
What is the cost of surrogacy in Mexico?
One of the many reasons why most American intended parents opt for surrogate mothers in Mexico is the cost factor. Moreover, discussing the cost of surrogacy in Mexico would make you pay somewhere between $60,000 to $69,000.
The same cost would then add to the egg donor cost in Mexico which would fall between $8000 and $10000. So, one must take all these costs into consideration before thinking about surrogacy in Mexico.
At Miracle Baby surrogacy, we take pride in bringing you the most ethical and affordable surrogacy program in Mexico. With our experts and professionals by your side, you can stay assured of getting all the right support and assistance during every step of your surrogacy journey.
Connect with one of our client coordinators for a free consultation session today!