Surrogacy in Mexico: Key Things to Consider before Proceeding

In the year 2021, after the Supreme Court determined that surrogacy constituted a protected medical treatment, surrogacy in Mexico underwent significant transformation. As a result, intending parents can now be listed on the birth certificates of their surrogate children in several Mexican states right after the birth.

Still, if you are thinking of pursuing surrogacy via a surrogacy clinic in Mexico, you must read through the below pointers before proceeding any further.

Understanding the legal implications of surrogacy in Mexico

In 2021, Mexico became one of the few nations with a system that permits paid surrogacy for married, single, homosexual, straight, and international intended parents.

The State of Tabasco's ban on surrogacy was overruled by the Supreme Court judgment. It overturned the ban and changed the rules back to how they were before to the ban's adoption. The Court's ruling means that no Mexican state may now ban surrogacy.

The Supreme Court decided in favor of the new framework by a wide margin. Additionally, the ruling highlighted three crucial components:

Surrogacy as a protected human right!

The court discovered that human rights statements from the Americas and Europe both include references to the right to a family. Similarly, a child's access to his or her family's history is a fundamental human right. The requirement for governmental regulation of surrogacy in Mexico was therefore acknowledged by the Supreme Court as an accepted human reproductive technology.

Given that all Mexican courts are required to promote and protect human rights, and that the right to family formation (including a child's access to his or her family's legacy) is a recognized human right. According to the Court's ruling, if there is a clear agreement with the surrogate mother in Mexico, all Mexican courts and judges must henceforth determine that any child born through a surrogacy arrangement is unquestionably the legal child of the intended parents.

Intended Parents stands as the legal parents of the born child

The court determined that the will of involved parties are the primary and most important factors in establishing a familial connection. Even though it is not physiologically possible, the desire to adopt a kid as one's own determines the paternity. The "Commissioning Parties" therefore, should be considered the legal parents of children born through surrogacy in Mexico.

As is the case when assisted reproduction techniques are used, proving a biological connection is not necessary to prove parental rights over a child; instead, the procreational or will to reproduce must be present. On the other side, in the event of surrogacy, the surrogate mother's consent and vice-free will are also required.

Access to surrogacy must be available to everyone

Everyone has the right to employ assisted reproductive technologies to bring about a child's birth. Without any restrictions based on race, nationality, or religion, men and women of legal age enjoy the right to marry and have children. This right is applicable to both heterosexual and same-sex people since it is neither intrinsically masculine nor feminine.

Final words

Every state in Mexico, like the US, has laws governing surrogacy inside its borders. Moreover, surrogacy was outlawed in various Mexican states in 2016 as a result of multiple high-profile media controversies. In 2021, however, the Supreme Court overturned the restrictions. As a result, surrogacy now stands as legal across every state in Mexico.

Even though the courts have protected surrogacy in Mexico, certain states have been sluggish to enforce the law. As a result, only a few regions in Mexico are still safe for surrogacy. So, it is highly recommended to get along with a reputed surrogacy clinic in Mexico while going by your surrogacy aspirations.