Legal issues

Any child born via surrogacy is a Mexican citizen and the intended parents names will be on the birth certificate. They are the legal parents of the child according Mexican law whether it has a genetic link.

For some receiving countries, the Intended Father may have to have a genetic link to the child in order to process citizenship of that country.

Your home country might  issue a second birth certificate and issue the passport with the surrogates name as the legal mother and the genetic fathers name as the legal father.  This is because in some countries (mostly in  Europe) the woman who gives birth to a child is recognised as the legal mother of the child. .

However if the intendend father is  recognised legally as father according his home country’s law, the child gets dual citizenship.

There will also be Delivery Certificate issued, stating the name of the surrogate, the babys name and the Intended fathers name.

If your home country’s law states that the woman who gives birth (Surrogate) is legally the mother of your child

make sure you work with the intended father’s sperm (no donor) and an unmarried surrogate mother. Otherwise, the husband of the surrogate will be recognised as the legal father of the child according your home country’s law and it might not be possible to challenge his paternity.

make sure you add a clause in the surrogate contract stating that the contract will not end after birth and that she is willing to help you with the necessary legal requirements and embassy work after birth. You will  need the contract when registering the baby in the Mexican birth register in Tabasco.

you might need the Delivery Certificate for your embassy paper work . You will also have to check with your embassy if you need the surrogate to attend to the embassy.

Depending on where you are from, the surrogate might have the right to claim maintenance support from you during pregnancy and until she gives up her rights according to your home country’s law. This is even if she has no rights regarding your children based on Mexican law. However transferring rights over is easy if your home country is part of the Hague Convention because Mexico is also a member of this convention.

If you are a same sex couple or single man discuss with your Mexican lawyer if you and your partners name will be on the birth certificate, only the genetic fathers name or  the genetic father and the surrogate mother.

Discuss with a lawyer from your home country

  • how the surrogates rights will end according to your home countrys law.
  • In which country the court process has to take place and when it can be done.

The Registro de Civil in Tabasco will want to interview your surrogate, her family and yourselves. What is most important to Mexico is that their citizens are not being taken advantage of nor are they taking advantage of others.  The Registro de Civil must service the best interest of all parties- especially the child(ren) being born.

You will have to demonstrate you engaged in Altruistic surrogacy.  This will mean providing receipts, showing them your altruistic! contract with the surrogate,  showing how you calculated daily living expenses and how your surrogate received the funds.

Where your home country recognises the surrogate mother as a legal  parent, the surrogate needs to agree in writing that the father may travel alone with the child.

For some nationalities, it may require a few months until the court process can be done transferring your surrogates parental rights completely. As a result, she should be asked to sign a mandate for general power of attorney, so that the Intended father can act alone. This is important if your baby has to go to hospital in your home country.

After the surrogate gives up her rights, the Intended father’s partner or wife can adopt the child through step child adoption which is a much easier process then a normal adoption. However it is recommended to wait 1-2 years before applying for step child adoption.