Surrogacy in Mexico: Key Considerations Before Getting Started!

Surrogacy in Mexico is a feasible option for couples that couldn’t afford the cost-effective surrogacy programs in USA and Canada. So, we can say that the surrogacy cost in Mexico is way lower than that of these countries.

Moreover, after the Supreme Court ruled that surrogacy was a protected medical procedure in the year 2021, surrogacy in Mexico has come a long way forward.

Still, being an intended parent, you need to be aware of all the rules and regulations in regards to surrogacy in Mexico. Nevertheless, you must read the following piece of advice if you are considering pursuing surrogacy through a surrogacy agency in Mexico.

What does surrogacy laws in Mexico says?

In 2021, Mexico became one of the few countries with a system that allows married, single, homosexual, heterosexual, and foreign intending parents to use paid surrogates.

The Supreme Court decision invalidated the surrogacy ban imposed by the State of Tabasco. The ban was overturned, and the regulations were restored to their prior state. As a result of the court's decision, no state in Mexico may currently outlaw surrogacy.

 

 

 

By a significant margin, the Supreme Court ruled in favor of the new structure. The decision also emphasized three significant elements:

Right to form a family

The court learned that references to the right to a family appear in both American and European human rights declarations. A child's right to learn about his or her family's past is analogous. Thus, the Supreme Court recognized the need for surrogacy government regulation in Mexico as a recognized human reproductive technique.

Given that the right to family formation (including a child's access to his or her family's history) is a recognized human right and that all Mexican courts are mandated to promote and protect human rights. In accordance with the Court's decision, all Mexican courts and judges must from this point forward find that any kid born through a surrogacy arrangement is unquestionably the legal child of the intended parents if there is a clear agreement with the surrogate mother in Mexico.

The child's legal parents are the intended parents.

The will of those involved is the fundamental and most crucial criterion in establishing a familial link, the court said. The desire to raise a child as one's own, even though it is not medically possible, establishes paternity. Therefore, the "Commissioning Parties" ought to be regarded as the legal parents of any children born in Mexico via surrogacy.

Similar to when assisted reproductive technologies are utilized, it is not necessary to demonstrate a biological relationship in order to establish parental rights over a child; rather, there must be a procreative or reproductive intent. On the other hand, the surrogate mother's permission and a vice-free will are also necessary in the case of surrogacy in Mexico

Everyone must be able to access surrogacy

As per surrogacy laws in Mexico, each and every person have the right to use assisted reproductive technology to have a child. Men and women of legal age have the freedom to marry and have children without any limitations based on race, nationality, or religion. Since this right is neither inherently male nor female, it is available to both heterosexual and same-sex individuals.

Final words

Surrogacy is unregulated in most states of the Mexico, just like the USA. Additionally, in 2016 several states in Mexico outlawed surrogacy as a result of numerous high-profile media incidents. But in 2021, the Supreme Court struck down the limitations. As a result, surrogacy is now accepted as legitimate in every Mexican state.

Although surrogacy has been upheld by the courts in Mexico, several states have been slow to execute the rule. Only a few areas of Mexico are still safe for surrogacy as a result. Therefore, if you are interested in becoming a surrogate, it is highly advised that you work with a reputable surrogacy agency in Mexico.