Mexico is a country where surrogacy is now practiced by clinics on an altruistic basis. Although there is no explicit legislation regarding surrogacy, both married and unmarried heterosexual couples and single men are allowed to perform surrogacy procedures. Therefore, Mexico is one of the countries where there is no explicit law on surrogacy, something that the intended parents should be clear about when deciding the country where to carry out their surrogacy process.
One of the main advantages offered by this country is its prices, which are much cheaper than in the United States.
FIRST A LITTLE BIT OF HISTORY.
There is no explicit surrogacy law in Mexico. Some states, such as SINALOA, QUERÉTARO, COHAHUILA and SAN LUIS POTOSI, have it explicitly prohibited. TABASCO and SINALOA. limit the right to carry out processes only for Mexican citizens. The rest of the Mexican states have no legislation in this regard, neither for nor against.
In MEXICO DF there is no surrogacy law per se, but there is a proposed law focused on securing the filiation rights of intended parents and extensive case law granting rights to intended parents.
For several years and until January 16, 2016, Tabasco was the state par excellence where most surrogacy processes were performed. Its legislation allowed for Mexican couples, and did not explicitly prohibit it for foreigners. However, due to some excesses committed by some couples, the state of Tabasco ended up prohibiting surrogacy to foreign citizens on 16/1/2016. This meant the closure of Mexico for foreigners from that moment on.
This meant for years and until recently in Mexico DF, the end of surrogacy processes in Mexico.
But in June 2021, the SUPREME COURT OF MEXICO, in response to an appeal filed by a clinic, left it open to the states to decide whether to regulate the economic conditions for the practice of surrogacy or leave it to the freedom of the private parties involved. The Court considers "unfounded that there is an obligation of local legislatures to provide for free gestational surrogacy contracts". Therefore, the State may oblige it to be free of charge, establish payment conditions or leave the matter to the discretion of a private agreement.
That is why again in Mexico DF has multiple clinics that offer surrogacy processes, although no state in Mexico has an explicit legislation in favor of surrogacy. So the rest of Mexico is a grey area of concern.
CURRENT LEGAL SITUATION IN MEXICO
In MEXICO DF there is no surrogacy law per se, but there is a proposed law focused on securing the affiliation rights of intended parents and extensive case law granting rights to intended parents.
Currently, the courts recognize the rights of the surrogate parents. However, we must be aware that there is no state in Mexico that explicitly has a surrogacy law, so Mexico is part of the list of countries lacking legislation on the subject. It is the jurisprudence of the Courts that grants the rights to the surrogate parents.
Parents wishing to choose Mexico as a destination should be aware that in the absence of explicit legislation, they are always exposed to future legislative changes, for or against, although any legislative change could never be applied retroactively.
Consult with your family advisor about the programs that Gestlife offers in Mexico, and their characteristics.
If you would like more information about our programs, you can make a free, no-obligation telephone appointment by CLICKING HERE.
After the birth, the intended parents must register the baby in the civil registry of Mexico City. To do so, they must provide a birth certificate issued by the clinic and the sentence provided by the court.
In this way the Mexican passport and safe passage (depending on the nationality of the parents) is obtained.
Consult your case with your family advisor at Gestlife. In the case of unmarried males, the pregnant woman appears on the birth certificate.
Surrogacy Mexico
Type of Gestation
As in most of the countries, the surrogacy that is being performed in MEXICO is the total gestation, which is the one in which the surrogate does not provide genetic material. In any case, this would be forbidden in most of the countries that perform surrogate gestation.
The genetic material is either provided by the intended parents or through a donor. When we resort to a donor, this can only be an egg donor since in this country there is no judicial court order. Paternity is determined by affiliation, and the father must prove his biological relationship with the baby. The donor can be anonymous or chosen.
Donors are usually healthy women between 18 and 26 years of age, so they undergo strict medical control to ensure their health status.
If you would like more information about our programs, you can make a free, no-obligation telephone appointment by CLICKING HERE.
Our staff will assist you in our office in Mexico DF in your language. In a process where legal issues are mixed with medical issues, it is important to speak the same language and understand each other. With Gestlife, you will never feel like a stranger in a foreign country.
It is something that seems obvious, but with some agencies, you are lucky to speak to an advisor in your language. As soon as you sign the contract, the rest of the staff most likely does not speak English, and you have to have a translator. Make sure if you talk to other agencies that this doesn’t happen. A year and a half (the length of the surrogacy process) having to speak in other languages is very stressful.
Gestlife has its own office in Mexico DF. We are not intermediaries. We are not a company that does not have an office in Mexico which uses an intermediary in another country that has an external collaborator. Too many middlemen.
Gestlife has lawyers in its Mexico City office to assist you throughout the process.
Most "agencies" finish their work when they deliver the baby to you. Then can help you to leave the country, but then, it is up to you to register your baby in your country of origin. At Gestlife we have a network of lawyers in all countries to take care of the final process in your country of origin that will allow you to register your child without problems.
We try our best to make the surrogacy process a pleasurable trip, not a nightmare. But mishaps can always arise which can endanger the biological parents (illness, accident). Gestlife takes care of managing your travel needs by providing insurance to guarantee you complete assistance in case of any incident. We take care of managing and organizing all the services related to these issues so that you do not have to deal with it. Our philosophy is to take care of the parents 24 hours a day.
If you would like more information about our programs, you can make a free, no-obligation telephone appointment by CLICKING HERE.
A process in Mexico costs between 79.000 and 94.000 euros, depending on the program chosen.
If you would like more information about our programs, you can make a free, no-obligation telephone appointment by CLICKING HERE.
In all our countries, you can contract the following programs:
Gestlife is one of the few agencies that have programs for parents who test positive for HIV, Hepatitis, or venereal diseases. Nowadays, this is not impede to parenthood. If this is the case, consult with your family counselor, and we will be happy to help you.
In the absence of surrogacy law, Heterosexual married couples, common-law couples, unmarried couples and singles are not explicitly recognized by the law. However they are not forbidden either as the jurisprudence of the Courts has so determined. Therefore, they can carry out the process.
The cost of a process is much lower than in Florida - USA. Most of the programs range from 80,000 to 95,000 euros in total.
Possibility of program with PGS with gender selection
Multiple insurances included in some of the programs: medical insurance for the surrogate, death insurance for the surrogate woman or the donor, baby's death insurance with restart of the program, etc...
Inconveniences
The court order obtained is not recognized by most countries. Also the child will be in the name of the father, having the spouse to adopt the child in country of origin.
The programs in Mexico do not have an unlimited number of IVFs.
If you would like more information about our programs, you can make a free, no-obligation telephone appointment by CLICKING HERE.
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Fatherhood changed our lives. There was a before, and an after. And the after, it was much better. So neither short nor lazy, we started this subject years ago of making the unreal real, the impossible possible. Today we are more than 100 people in 7 countries.
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