Surrogacy in Mexico

Surrogacy in Mexico: Learn about the process, laws, regulations, and costs for intended parents seeking surrogacy in Mexico.

Surrogacy in Mexico

Using an egg donor for your Surrogacy Journey?

  • Egg donation involves a woman (the egg donor) providing her eggs for use in assisted reproductive techniques, IVF.  The egg donor undergoes hormonal stimulation to produce multiple eggs. Once the eggs are mature, they are retrieved through a minor surgical procedure. The retrieved eggs can then be fertilized with sperm from a male partner or a donor to create embryos, which can be implanted into the uterus of an intended mother or a surrogate. In egg donation, the intended mother or surrogate carries no genetic relationship to the donor; the child will be genetically related to the intended parents if their sperm is used alongside the donor’s eggs.
  • The egg donation surrogacy process lasts around 14-18 months, sometimes more. Each surrogacy journey is individual with its risks, ups, and downs and although there are some common timeframes accepted, comparing your journey to others is not advisable.
  • Who are surrogates? 
  • Surrogates are individuals who carry a baby for someone else, either through traditional surrogacy (using their egg) or gestational surrogacy (using another person’s egg). Surrogate medical screening is a comprehensive process designed to ensure that a surrogate candidate is physically and psychologically fit to carry a pregnancy. The screening typically includes the following components: Medical History Review, Physical Examination, Laboratory Testing, Gynecological Ultrasound Exam, Psychological Evaluation, Lifestyle Assessment, and Insurance and Legal Review.
  • If you are considering using a surrogate, selecting a reputable surrogacy agency is the key.

Key steps you need to know if you plan your surrogacy journey in Mexico

Key steps you need to know if you plan your surrogacy journey in Mexico

Surrogacy programs in Mexico

  • Live birth egg donation surrogacy– the form of surrogacy journey when you create embryos with donor oocyte and own sperm, and you have unlimited embryo transfer attempts until there is a live birth of your baby.
  • Own egg and sperm surrogacy- in this case, your biological materials are used to create embryos via the IVF cycle. The embryo will be transferred to a surrogate and usually number of embryo transfers per package is limited to 3.  Before starting your own egg and sperm surrogacy journey, you will need to run several tests and the doctor plans your visit to Mexico to start ovarian stimulation and preparation for egg retrieval.
  • Frozen embryo shipped surrogacy- in this type of surrogacy journey embryos are shipped to Mexico for surrogacy journey from different countries and transferred to a surrogate. Shipping has its own paperwork, which is time-consuming, and with the support of the GS consulting legal team, it is manageable. Once embryos are safely reached the clinic we need time to match you with a surrogate. We are accepting PGT-A and non PGT-A embryos (genetically tested) but we are not accepting day 3 embryos.
  • Double-donation surrogacy– It means during the creation of the embryo both oocytes and sperm are donated. In this form of surrogacy, journey Intended parents do not have a genetic linkage with the embryo, and paperwork after delivery may need more time than the regular period. Age restriction exists in Mexico for such programs.
  • Double-journey surrogacy (program with 2 surrogates)- this program includes 2 surrogates matching for your journey in Mexico, Mexico City. This is a popular program in Mexico and if Intended parents have enough embryos this can be organized. However, we always inform parents that there may be a substantial gap between pregnancies, and despite attempts to have parallel transfers still in advance it is unknown when the first or second pregnancy will be achieved It means parents need a lot of patience with this type of surrogacy journey.
  • HIV + patients are possible but have some extra charges – we are welcoming HIV+ Intended parents to start their surrogacy journey in Mexico. HIV is no longer considered a contraindication for IVF treatment. The only requirement we have is that the Intended parent’s HIV load should be zero in a consecutive 2-year testing period. The test must be repeated here in Mexico and if all parameters are in the range we can start the process. Some clinics are requesting additional sperm washing and if that is the case extra cost applies to this service, Furthermore, you have to be ready the surrogate will need extra compensation too.

Surrogacy law in Mexico

  • Surrogacy by nature is altruistic in Mexico, meaning the surrogate cannot receive payment beyond reasonable expenses. The only practice recognized in Mexico, is Gestational surrogacy, where there is no genetic link of the embryo to the surrogate.
  • The Supreme Court of Mexico (Suprema Corte de Justicia de la Nación) ruled that Tabasco’s restriction of surrogacy to Mexican citizens or married couples was unconstitutional. The court declared that all individuals, regardless of nationality, sexual orientation, marital status, or infertility status, have the right to access assisted reproductive technologies, including surrogacy.
  • The ruling further affirmed:
      1. Children born via surrogacy have the same rights as those born through natural pregnancy.
      2. Parental recognition should be based on the intended parents’ procreational will, not genetics.
      3. While the implementation of surrogacy laws is left to individual states, the court provided guidelines for individuals, clinics, and agencies to follow, referencing the Political Constitution of Mexico (Title 1, Chapter 1, Article 4), which governs family and health rights.
  • A baby born via surrogacy may qualify for a Mexican passport. However, GS Consulting does not provide this service. You will need to consult your Mexican lawyer to arrange this process.
Eligible courtiers for intended parents to engage in surrogacy in Mexico

Eligible courtiers for intended parents to engage in surrogacy in Mexico

  • Mexico’s constitution does not allow discrimination, so all singles, heterosexual couples, and same-sex couples can participate in the surrogacy process with or without genetic linkage to the baby. The Medical indication for egg donation and surrogacy is not requested by clinics.

Birth certificate issuing process in Mexico

  • After the baby is delivered, the hospital staff registers the baby in the government e-portal. This is an essential step for the initial documentation.

Court Process for Intended Parents’ Registration

      1. To register the baby under the names of the Intended Parents (IPs), the Local lawyer will file an Amparowith the court. This is a legal injunction requesting the civil registration office to issue a birth certificate listing the IPs as the legal parents.
      2. The Amparo process timeline varies depending on the judge assigned to the case. Typically, the injunction can be obtained within 3-7 weeks, but the entire process may take several months. There are several steps in court (Discussed by the legal team) and once the court issues the injunction, the civil registration office will register the baby under the IPs’ names.
  • The legal process may face delays due to Judges unfavorable to surrogacy or Court vacation periods (summer and Christmas), which could impact timelines. Intended Parents must remain in Mexico until the court process is completed. The baby cannot leave the country without proper registration. Once registered, the birth certificate will be available online through the Mexican government portal.

Exit procedure for babies born through surrogacy in Mexico

  • Exit procedure depends on each embassy and the country of residence of the intended parents. Approximately up to 6 weeks from the moment of having the birth certificate until the passport of the baby is available, but as mentioned it highly depends on the embassy process flow.
  • We would highly recommend having an immigration expert who navigates and supports all steps of the process.

Whose egg is used in the surrogacy process in Mexico?

  • Egg donors are anonymous, young women of 21-28 years old, and parents do not know the name, or last name but can see photos of the egg donor. During the meeting with the egg donor coordinator, she will present a few profiles to select the donor.
  • Based on Mexican regulations donor can be contacted once the child is 18 years old, but to do this donor in advance should give her written confirmation and only a few donors do so.
  • Some intended parents for their surrogacy journey in Mexico, wish to have their relative or friend. This is possible however initially requested tests must be performed to ensure the person fits to an egg donation criterion and this needs to be discussed
    case by case.
Surrogate matching period in Mexico

Surrogate matching period in Mexico

  • Surrogate matching begins once we have received euploid (normal) embryos from your IVF cycle or once you shipped your previously created embryos to Mexico City.
  • Considering the sensitivity of the surrogate matching process it typically takes 3 to 4 months before we can select a suitable candidate and share her profile via the WhatsApp group or email without a photo or name, only a code is indicated. First-time Intended parents meet with their surrogate only via Zoom meeting where the coordinator is supporting the process. Here you can find some questions that you may ask the surrogate during the first meeting.
  • The team matches one-to-one rather than by a waiting list, so the goal is to find the right surrogate considering the expectations that Intended parents may have from the candidate. Initial profiling is the key, which means each candidate should be from 25-38 age (recommended age range based on our and the field experts’ experience), their BMI (Body mass index) should not exceed 28-30, they should have at least 1 own child, not more than 1 C section, must live in the Mexico City. They should be approved by a psychologist to engage in this long and emotional journey. Quite a large number of candidates dropping out at this stage. 
  • While practicing surrogacy worth considering ethical standards. ESHRE task force has declared the importance of following ethical standards you can check more information.

Does insurance cover surrogacy in Mexico?

  • All medical bills in case of premature delivery for up to 1 month are covered by the agency.
  • All costs associated with Delivery are covered by up to 80 000 000 Mexican Pesos, for the emergency hospitalization cost may be up to 5000 USD.

Questions to ask before starting Surrogacy in Mexico

  1. What are the success rates of surrogacy? The success rate of surrogacy depends on the program. With egg donation surrogacy process success rate is higher
  2. How well is the law regulated? The Supreme Court of Mexico (Suprema Corte de Justicia de la Nación) ruled that Tabasco’s restriction of surrogacy to Mexican citizens or married couples was unconstitutional. The court declared that all individuals, regardless of nationality, sexual orientation, marital status, or infertility status, have the right to access assisted reproductive technologies, including surrogacy.
  3. Is the medical team multi-language? Yes, clinics practicing the surrogacy process have multi-language speaking teams, however, the most frequently used language is English.
  4. Is the destination safe? Mexico City is secure for tourists, further recommendations about apartments for renting will be provided.  Here you can find general recommendations https://www.lonelyplanet.com/articles/things-to-know-before-traveling-to-mexico-city
  5. Is it affordable to do surrogacy in  Mexico– yes,  Mexico is one of the most affordable destinations for your surrogacy journey, however before starting the process please check these 10 things that you need to consider before starting international surrogacy.
  6. What is the feedback from IPs? You can find numerous numbers of feedback from Intended parents since 2019 many parents completed their journeys in  Mexico
  7. What embassies are in Mexico City? There are many embassies available in Mexico City however, there are cases when embassies may not be there, please check here diplomatic missions available in Mexico City.
  8. Is a Mexican passport granted? A baby born via surrogacy may qualify for a Mexican passport.
How much does surrogacy cost in Mexico?

How much does surrogacy cost in Mexico?

Guarantee egg donation live birth surrogacy Starting at 82000 USD

  • Carrier Genetic Screening (CGT) of the donor for up to 2,000 genes
  • Surrogates aged 25-38, with no more than one C-section, residing in Mexico (please note that GS consulting policy does not support traveling surrogates and has only local surrogates in the programs) and having at least one biological child

Frozen embryo surrogacy is available for 58000 USD

  • Acceptance of PGTA or non-PGTA day 5 embryos
  • Legal team support for the preparation of all necessary documents by Colombian regulations
  • Coordination of procedures with shipping companies
  • Individual and combo shipments are permitted
  • Sperm, oocytes, and frozen embryos can be shipped to Mexico for surrogacy

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