Surrogacy in Mexico (Updated for 2024)
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- เผยแพร่เมื่อ 12 ก.ย. 2024
- UPDATED for 2024 Bill Houghton talks about surrogacy in Mexico -- what's likely to be the next international surrogacy hub.
So if you've been following the blog for a while you probably know that I have spent the last several years telling people that surrogacy in Mexico was unregulated, and that unregulated surrogacy comes with a host of risks but that changed completely in 2021 with the decision by the Mexican Supreme Court. Essentially what the court did was open up the possibility for commercial surrogacy for all individuals across Mexico. For a moment let's go back and take a look at the three Supreme Court rulings and what they means.
Surrogacy Ruling #1.
The first is that the Supreme Court recognized that it is an inherent human right to form a family and that assisted reproduction was a recognized means of pursuing that basic right surrogacy in particular was an accepted means of having a child on you know pursuing a basic right of forming a family so under the constitution of Mexico all individuals need to have equal access to surrogacy whether they are married single gay straight foreign or domestic .
Surrogacy Ruling #2.
The second notable Supreme Court ruling was that it was up to the individual states to regulate surrogacy and while the states could not ban surrogacy completely they still had the obligation to regulate the practice and as aside how they were going to make surrogacy accessible and secure to everyone and So what we see now is that while surrogacy is technically legal across Mexico it varies from state to state as to exactly how surrogacy works.
in some states there are some states that are very surrogacy friendly and the process is very straightforward and very supportive of the intended parents. In other states the regulations are strict and can be very onerous. But given that the supreme court was relatively recent, most states in Mexico haven't yet fully figured out how they're going to regulate surrogacy. So we're going to see how that shapes out over the course of the coming years.
Surrogacy Ruling #3.
The third thing that the Supreme Court said which is very notable is that in cases where the parentage of a child is a question the legal parents are not decided by genetics or biology at all. In fact the court acknowledged the concept known as “procreational will”.
Procreational Will refers to the actual intent to form a family procreational will belongs to the individuals who are attempting to form a family -- attempting to have a baby. Under the Supreme Court ruling they are in fact the legal parents.
So in Mexico, if there's a formal agreement at the start of an assisted reproduction process (including surrogacy) it is the individuals commissioning the procedure who clearly have procreational will and not the surrogate. That puts Mexico on a very short list of countries now where if you have a valid surrogacy agreement then the intended parents can be recognized as the legal parents when the baby is born, and the surrogate is not considered a parent under Mexican
Wow this is night and day in terms of legality compared to Colombia
thanks for the info, wish we have same cost here in states :(
You and me both! Surrogacy in the US has so many advantages, but cost (and privatized health care) too often override them all.
Wait so in Mexico a single dad can get a surrogacy with being the only parent on the birth certificate? What are some things a single male father from US has to consider?
Are you saying that at first both the single father and the surrogate mother get put on birth certificate and the father has to go to local courts to dispute it based on the Supreme Court ruling?
Ok I think I get it before baby is born you get a pre birth order so when baby is born only the intended parent aka the single dad gets put on the birth certificate right?
Any thoughts on Miracle Surrogacy in Mexico? Are there surrogacy agencies you would recommend?
Hi Bill, thank you so much for your hard work! Just wondering, would you be able to do a video on Argentina as well? Thank you so much!
I've been planning an Argentina video, but my impression is that the country is not yet ready to become an International destination. We're still waiting for some clear guidance on the legal framework. The state of Buenos Aires has a framework supplied by a class-action lawsuit, but it doesn't extend beyond that specific jurisdiction. Also, I've tried to get in touch with several agencies in Argentina, and they are either too busy or too overwhelmed to take on new clients.
@@williamhoughton6491 thank you for the response William. Your channel is very informative. Argentina offer a strong passport for the baby, which makes it an attractive destination. Hopefully one day soon they'll become a mature surrogacy destinstion like mexico.
Hey,thanks for the info..i am Indian and wanted to try for 2nd child through surrogacy is it allowed in mexico? As in india we can't try for surrogacy if we already have a child.
I believe it is allowed.
I what is name of your clinic
In Mexico, we work with the ReproVida clinic and the CARE embryology Lab in Mexico City.
Oh! My God. Should I go ahead and have a Mexican baby?
I like Mexico as a destination, especially for couples who can take advantage of the "guarantee" program. But like all destinations, it has its unique benefits and shortcomings.