15/08/2024
Is Surrogacy Legal in Mexico?
Surrogacy is indeed legal in Mexico, a development that marked a significant milestone for intended parents seeking this route as a means to build their families. As of 2021, Mexico has positioned itself among a select group of countries where compensated surrogacy is permitted, catering to a diverse range of intended parents, including married couples, single individuals, and members of the LGBTQ+ community, both domestic and international.
However, it's crucial to recognize that the legal framework surrounding surrogacy in Mexico is not duly accepted for the 32 states. However, it is enforceable by the Supreme Court sentence regarding the Unconstitutional Action sentence issued by it.
In terms of the type of surrogacy permitted, Mexico only acknowledges gestational surrogacy. This means that the surrogate mother cannot use her own eggs to conceive; rather, the embryo must be created using the eggs and s***m of the intended parents or donated gametes. While surrogate pregnancies themselves are not strictly regulated by codified law in Mexico, they are not explicitly prohibited, creating a somewhat ambiguous legal environment that can lead to varying interpretations and practices across states.
Given these complexities, prospective parents interested in surrogacy in Mexico should engage legal experts to navigate the specifics of the law in their chosen state. This will help ensure they understand the requirements, potential challenges, and the overall rights and responsibilities involved in the surrogacy process, fostering a more secure and informed experience.
Altamirano Law Firm has been offering International Surrogacy Solutions successfully since 2012 with over 7000 cases in Mexico & Colombia.