Is Surrogacy Legal in Mexico?

Christy explains the IVF and Surrogacy process that is available to US couples.

I would like to explain how Surrogacy and IVF legally work in Mexico.

Mexico does not outlaw surrogacy but they do not provide laws for it either.

They do not have any laws for or against transferring embryos into a surrogate.

Legally a baby born IN Mexico is the child of the birthing woman.


This is how is it best arranged for the protection of the parents.

A US surrogate is chosen from a surrogate legal state. California has the best laws in all of the US. The laws in California state that whoever is named in a legal contract prior to conception as the "intended" parent is the person or couple that will be granted all legal rights to the baby upon birth. In the rare case a surrogate wants to change her mind she is not allowed to in California as the parents were named in contract prior to conception.

Once the surrogate is chosen legal contracts stating who is "intended" as the parents and any other legal matters agreed upon are drawn up.

An IVF doctor must be chosen. We used Dr. Ruvalacaba in Guadalajara and had a wonderful experience there but there are many other good doctors to choose from all over Mexico and the US.

For the mother and the surrogate to synch their cycles it takes about 3 weeks of both being on birth control pills at same time.

Once they are in synch with each other the doctor gives a protocol to the surrogate that would be close to the same of a frozen embryo transfer as she is not to ovulate but needs to grow a healthy lining in order to receive the embryos. At the same time the mother goes onto a stimulation protocol in which to produce eggs and retrieved.

Once egg retrieval is complete ICSI is done with both eggs from mother and sperm from father to create embryos. On days 2, 3 or 5 depending on doctor and number of embryos as well as quality the embryos are transfered into the surrogates uterus that is prepared with a good lining.

Also if the mother and father need either and egg donor or sperm donor those can be arranged in place of the mother or father donating to the process.

Once cleared for travel by the IVF doctor the surrogate flies home to the US (California) for the remainder of the pregnancy.

With a legal court order issued at about 20 weeks pregnant the parents will go directly onto the birth certificate just as they would if the mother had given birth herself.

This is an amazing process and for couples like us it is our only option of becoming parents together. Many other couples face the same need but are unsure how to go about it. It is not recommended for a woman able to carry a pregnancy to term.

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