When did surrogacy become legal in Mexico? | Surrogacy in Mexico
With a new Supreme Court decision in June 2021, surrogacy in Mexico is now one of the best options globally for singles and couples of all sexual orientations seeking to have a family through an affordable and legal surrogacy arrangement. In June 2021, the Supreme Court of Mexico ruled just that, that discrimination against foreigners and different family types was indeed unconstitutional. This ruling from the highest court in the land forms the basis for legal surrogacy in Mexico.
Get in touch for FREE SURROGACY CONSULTING:
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Email: neelam@ivfconceptions.com
Web: www.completesurrogacy.com
Supreme Court of Justice of the Nation (SCJN) Ruling on Surrogacy
On June 5, 2021, the Supreme Court of Justice of the Nation (SCJN) ruled to regulate surrogacy, based on changes to the Civil Code of Tabasco. With a majority of nine votes to two, the Court decided that each state in Mexico could determine the economic conditions for surrogacy or leave it to the individuals involved. The SCJN found that local legislatures are not obligated to provide free surrogacy agreements, meaning states can either mandate free surrogacy, set payment conditions or allow private agreements to dictate terms.
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Legal Surrogacy in Mexico
Before 2016, Tabasco was a popular surrogacy destination. However, Decree 233 in 2016 restricted surrogacy to Mexican heterosexual married couples, ending most legal surrogacy in the country. Our legal team challenged this as unconstitutional.
In 2021, Mexico’s Supreme Court of Justice overturned the 2016 Tabasco law. Key rulings included:
- Surrogacy is a valid form of assisted reproduction.
- Everyone has the right to a family, including foreigners and same-sex couples.
- Both altruistic and compensated surrogacy are permitted.
- Specialized agencies can legally act as intermediaries and receive payment for their services.
New Perspective Towards Advances in Reproductive Medicine in Mexico
- Article 4 of the Constitution:
- Mandates laws to protect family organization and development without specifying modality or conformation.
- Implies the inclusion of same-sex couples based on equality and non-discrimination principles.
- Right to Marry:
- Recognized for same-sex couples under the principles of equality and non-discrimination.
- Prerogative to Decide Family Planning:
- Recognized both nationally and internationally as part of the right to private life.
- Includes the right to decide the number and spacing of children.
- Assisted Reproductive Techniques:
- Accessible to all people, including heterosexual couples (for infertility) and same-sex couples (for biological impossibility).
- Same-sex couples must be granted the right to access medical advances for parenthood.
- Lack of Federal Regulation:
- No federal regulation on products born from assisted reproductive techniques.
- State-level regulations are also lacking.
- Lack of regulation cannot impede the recognition and protection of fundamental rights of individuals born from these techniques.
How Does the Exit Process Work in Mexico?
- Initial Step: Wait until the surrogate is pregnant and passes the first trimester.
- File Voluntarily Jurisdictional Trial: This legal resource claims a right not specifically covered by any law.
- Submit to Family Court: Aim for the Family Judge to recognize the intended parents’ filiation with the baby.
- Trial Duration: Takes approximately 3-5 months, which is enough time to get the court decision before the baby is born.
- Registration at Birth: Baby is registered under both intended parents’ names as legal parents.
- Surrogate’s Role: Surrogate is not appointed as the legal mother as there is no biological link.
- Informed Consent: Surrogate signs an Informed Consent presented to the court alongside the contract.
| Step | Description |
| Initial Step | Wait until the surrogate is pregnant and passes the first trimester. |
| File Voluntarily Jurisdictional Trial | Legal resource to claim a right not specifically covered by any law. |
| Submit to Family Court | Aim for the Family Judge to recognize the intended parents’ filiation with the baby. |
| Trial Duration | Takes approximately 3-5 months, enough time to get the court decision before the baby is born. |
| Registration at Birth | Baby is registered under both intended parents’ names as legal parents. |
| Surrogate’s Role | Surrogate is not appointed as the legal mother since there is no biological link. |
| Informed Consent | Surrogate signs an Informed Consent presented to the court alongside the contract. |
How we can help you with your surrogacy process in Mexico?
Our legal team will assist in the drafting of the surrogacy agreement with your surrogate mother and with the acquisition of the birth certificate at the end of the process. Additionally, they will assist you in acquiring any documents necessary to apply to your embassy for citizenship. It is important to remember that they are experts in Mexican law, they cannot advise on specific laws related to your country of citizenship, and you may need legal representation as well in your home country.
About the Surrogacy Program in Mexico City
Our Mexico City facility is a cutting-edge international medical center specializing in fertility treatment and assisted reproduction. We offer advanced reproductive technologies and a wide range of services, including:
- In-vitro fertilization (IVF)
- Egg and sperm donation
- Genetic carrier screening for severe genetic diseases such as cystic fibrosis, fragile X syndrome, and spinal muscular atrophy
- Pre-implantation genetic testing (PGT-A) for chromosomal disorders
- Non-invasive prenatal testing (NIPT) for early detection of chromosomal abnormalities in your baby
Our clinic is staffed with highly qualified reproductive specialists and embryologists who have trained at leading institutions. We are eager to assist you with your fertility needs.
Surrogacy costs resources worldwide:
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Advantages of Choosing Us in Mexico
| Advantage | Details |
| A More Affordable Option for Intended Parents | – Costs in Mexico are very affordable due to the different buying power of the currency. – Surrogacy costs can be up to 70% less than in the United States. – High-quality, legal surrogacy options are available for all family types. |
| Control Your Budget | – Multi-transfer programs and a Secure Plan with fertility treatment at one fixed price provide budget certainty. |
| English and Spanish Speaking Support Team | – Our surrogacy support and legal team speak both English and Spanish, ensuring easy communication throughout the process. |
| High-Quality Treatment | – Modern clinics offering the latest advances in assisted reproduction, including pre-implantation genetic testing (PGT-A), genetic carrier screening, and non-invasive prenatal testing (NIPT). |
| Experience | – Over 14 years of experience working with intended parents from more than 60 countries. – Pioneers of international surrogacy, bringing extensive expertise to Mexico. |
| Large Number of Donors | – A substantial group of egg donors to meet diverse needs. |
| Advanced Medical System | – Mexico’s medical system is highly ranked, often considered the best in South America. |
| Included Newborn Insurance | – Insurance coverage for all surrogates and newborns, controlling budget risks in case of complications during the birth process. |
Conclusion
If you’d like to learn more about IVF, Egg Donation, or surrogacy Consulting services globally, check out the rest of our website at IVF Conceptions. We offer legally secure and affordable surrogacy consNeelam Chhagani is inviting you to a scheduled Zoom meeting.
Our team has over 14 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families. Till now we have helped and supported thousands of the intended parents with their family-building journey, and we can help you as well. Happy to share the references from the past IPs if needed.
If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at Complete Surrogacy. We offer legally secure and affordable surrogacy consulting services for FREE.
Want to learn more about When did surrogacy become legal in Mexico-
Get in touch for FREE SURROGACY CONSULTING:
Mobile: +91-8800481100 ( WhatsApp, Line, Viber)
Email: neelam@ivfconceptions.com