Is surrogacy legal in Mexico?
December 2025
Surrogacy has become a popular option for international intended parents. Mexico is a top surrogacy destination due to its legal framework, affordability, and strong medical facilities. A common question is, “Is surrogacy legal in Mexico?” We’ll cover the current legal status, permitted states, legal requirements, and judicial process.
Overview of surrogacy laws in Mexico
Surrogacy in Mexico is legal but regulated by state laws, so the framework varies by region. The Federal Civil Code does not address surrogacy, but some states have their own rules. These laws focus on protecting the rights of intended parents, surrogate mothers, and children, while providing safeguards for all.
Mexican regulations protect intended parents and surrogates, ensuring a safe and transparent process. For international intended parents, Mexico offers clear paths to legal parentage after birth.
Surrogacy rights in Mexico
A key element of Mexican surrogacy law is the recognition of intended parents’ rights. In many cases, intended parents can be legally recognized as the child’s parents before birth through pre-birth orders or parental judgments. This legal framework allows intended parents to bypass lengthy procedures in their home countries, making Mexico an attractive option for those who wish to start or expand their families.
States where surrogacy is permitted
In Mexico, surrogacy is permitted only in certain states, each with its own laws and requirements. Below are the key states where surrogacy is currently allowed, each with distinct legal frameworks that influence eligibility, processes, and protections.
Tabasco
Tabasco is Mexico’s best-known state for surrogacy and is considered the “surrogacy capital” due to its progressive laws and clear procedures. Surrogacy is legal for Mexican and international intended parents, with agreements typically established at fertility clinics. Contracts are enforceable under the state’s civil code, and intended parents can secure legal parental rights through a straightforward judicial process.
Sinaloa
Sinaloa also allows surrogacy but with stricter regulations than Tabasco. Intended parents must meet specific criteria, such as being legally married or in a civil partnership. Sinaloa’s laws focus on protecting the surrogate mother’s rights, ensuring fair compensation and respectful treatment. Legal documentation is required to secure intended parents’ rights.
Other states
Other states like Mexico City, Guerrero, and Jalisco do not have specific surrogacy laws but may allow it under general reproductive health laws. In these states, surrogacy arrangements may face varying legal scrutiny, and additional legal procedures are often required to confirm intended parents’ rights.
Intended parents should consult a specialized surrogacy agency, clinic, or legal professional in Mexico to ensure their chosen state has clear and enforceable surrogacy laws before starting the process.
Legal requirements for intended parents
Legal requirements for intended parents in Mexico are generally straightforward but vary by state. Some universal rules apply to most arrangements.
1. Proof of infertility
In most states, intended parents must prove they are medically unable to conceive, usually through documentation from a licensed fertility clinic. In some cases, surrogacy may be allowed for couples with repeated miscarriages or for single parents.
2. Legal age
Intended parents must typically be at least 18, though some states require 21 or 25, especially for single or same-sex parents. They must show emotional and financial stability to care for the child.
3. Relationship status
Some states, like Sinaloa, require intended parents to be married or in a civil partnership, showing a committed relationship for the child’s stability.
Documents and court process
Once a surrogacy agreement is reached between the intended parents and the surrogate mother, several legal steps must be taken to formalize the arrangement and ensure the intended parents’ legal rights are protected.
Surrogacy contract
A formal surrogacy contract must be drafted and signed by both parties. The contract details each party’s responsibilities and rights, including compensation, medical care, and child custody. It should be legally binding and prepared by legal experts or experienced surrogacy agencies.
Parental rights establishment
In Mexico, establishing parental rights for intended parents typically involves filing a petition for a pre-birth order or parental judgment. This process ensures intended parents are recognized as the child’s legal parents from birth, without adoption procedures. It is relatively straightforward in states like Tabasco, where laws are well-established.
Birth certificate
Once the child is born, a birth certificate is issued listing the intended parents’ names. In many cases, the surrogate’s name is not included, and the intended parents are listed as the legal parents. This step ensures the intended parents have full legal rights over the child.
How surrogate Mexico ensures legal compliance
At Surrogate Mexico, we understand the complexities of surrogacy laws. We ensure our programs comply with Mexican regulations, offering peace of mind throughout the process. Here’s how we ensure legal compliance.
- Expert legal support: we work with experienced professionals specializing in surrogacy law, ensuring all documents are in order and the process is compliant with the law.
- Clear, transparent contracts: our contracts are thorough, protecting both intended parents and surrogates at every stage.
- Guidance and monitoring: from the initial consultation through the final stages, we provide continuous guidance and keep intended parents informed of their rights and obligations.
We ensure our surrogacy arrangements follow both international standards and Mexican regulations. Our goal is to make your surrogacy journey smooth, legal, and successful.
Surrogacy is legal in Mexico but is regulated at the state level, with established laws in Tabasco and Sinaloa.
We support intended parents by working with legal professionals and providing expert guidance.
If you’re interested in pursuing surrogacy in Mexico, we are here to help. Contact us today to learn more about our surrogacy programs and receive personalized legal guidance tailored to your needs.
Sources:
- https://surrogacy360.org/wp-content/uploads/2023/05/Regulation-Details-in-Mexico-by-State_English_3.30.23.docx-.pdf
- https://surrogacylawyermexico.com/surrogacy-in-mexico-legal-insights-and-key-information
- https://academic.oup.com/humrep/article/40/3/420/7979098?