Is Surrogacy Legal in Mexico? 

Global Surrogacy Twins Mexico

Surrogacy is legal in Mexico, with certain regulations and restrictions in place. Mexico allows gestational surrogacy, where the surrogate mother cannot use her own eggs. Only embryos created through in vitro fertilisation (IVF) with the Intended Parents’ or donors’ gametes can be transferred to the surrogate. 

While surrogacy is permitted in Mexico, ‘commercial’ surrogacy, where the surrogate mother is compensated beyond reimbursement for certain expenses, is not allowed.  

The Supreme Court of Mexico in June 2021 ruled in favour of surrogacy and stated that it is for individual states to regulate the practice. As a result, each state in Mexico can have its own specific regulations regarding surrogacy. 

One of the significant advantages of surrogacy in Mexico is its affordability compared to the United States and certain European countries. The country’s surrogacy program is open to a wide range of Intended Parents, including heterosexual and same-sex couples, as well as single men and women.  

Notably, Mexico surrogacy law now allows gay couples to have both of their names on their children’s birth certificates, which is an essential step towards recognising their rights as parents. 

Surrogacy Laws in Mexico 

Surrogacy is a Protected Medical Procedure 

The courts have recognised that the right to form a family is a fundamental Human Right. As such, all individuals should have equal access to available medical techniques like IVF and gestational surrogacy. 

Intended Parents are the Rightful Parents 

The courts have emphasised that a child’s parentage is determined by the intention to form a family, not solely based on genetics or biology. A legally binding Surrogacy Contract demonstrates the ‘procreational will’ of the intended parents. This makes children born through these agreements the legal offspring of the intended parents. 

Universal Accessibility 

The Courts have recognised the right of all adults, regardless of marital status, gender, or sexual preference, to marry and form a family. Surrogacy in Mexico is universally accessible, without limitations based on race, nationality, or religion. 

What are the Benefits of Surrogacy in Mexico? 

Surrogacy in Mexico offers several compelling benefits for intended parents: 

Mexican Citizenship and Passport 

Children born through surrogacy in Mexico are automatically granted Mexican citizenship and are entitled to a Mexican passport.  

Inclusivity for Same-Sex Couples 

Mexico’s surrogacy laws are inclusive, allowing same-sex couples to pursue surrogacy. The Constitution and court interpretations support equal opportunities for all family types. 

Eligibility for Various IPs 

The eligibility criteria for intended parents are broad, allowing both married and unmarried couples (heterosexual or same-sex) and single men and women to pursue surrogacy in Mexico. 

Court Approval for Assurance 

The surrogacy process in Mexico involves a joint application to the Court by the intended parents and the surrogate mother. This legal step leads to an order approving the surrogacy arrangement and ensures that the IPs’ names are entered on the child’s birth certificate, providing confidence and avoiding delays. 

Surrogacy in Mexico presents a comprehensive and supportive framework for intended parents, making it an attractive option for those seeking to build their families through surrogacy. 

Care for Surrogates in Mexico 

In Mexico, surrogates stay in their own houses the whole time. The personnel at the agency makes sure your surrogate and her family are taken care of and offers them medical, psychological, and legal assistance. 

Before embryo transfer, surrogates in Mexico go through psychosocial, infectious illness, and uterine evaluations. Their care includes direct communication with the Intended Parents during the pregnancy, frequent social worker visits, and support therapy. 

Egg Donation and IVF in Mexico 

Egg, sperm, and embryo donation are entirely legal in Mexico, and many reputable IVF clinics offer these treatments to international patients. Same-sex male couples can pursue IVF with local egg donors in Mexico, making gestational surrogacy and biological parenthood possible for them. 

Your Trusted Partner for Surrogacy in Mexico 

At Global Surrogacy, we understand the complexities involved in surrogacy and are committed to providing reliable guidance and support to Intended Parents. We work with experienced professionals in Mexico to make your surrogacy journey a rewarding and fulfilling experience.  

We work with an established clinic in Mexico City to personally guide Intended Parents through the process. Our surrogates in Mexico undergo rigorous screening, including extensive psychological and medical assessments, before being matched with suitable intended parents. Throughout the pregnancy, the surrogates receive regular physical and psychological health checks, ensuring their and the baby’s safety and well-being. 

Additionally, upon the child’s birth, the surrogate will not be permitted contact with the baby unless it occurs at a meeting approved and attended by the intended parents. Contact us today to start your path to parenthood in Mexico! 


Surrogacy is legally permitted in Mexico, with gestational surrogacy being the accepted practice. While the country restricts commercial surrogacy, it allows compensation to surrogates in Mexico for certain expenses.  

Global Surrogacy facilitates ethical and transparent surrogacy programs in Mexico, serving a diverse range of Intended Parents, including same-sex couples and single individuals. Intended parents can benefit from the country’s affordable surrogacy programs and the recent positive developments in Mexican law that recognise the rights of all family types involved in surrogacy. 

Important note: Please observe the publish date. This post may have been published some time ago and may not be up to date. We may not currently operate in the location discussed in this article. To view the list of surrogacy countries where we currently operate, please click here, and you will be directed to the surrogacy countries page.

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