While surrogacy can take place in any states and cities in Mexico, there are several destinations that most international intended parents choose. Take a look at the map of Mexico, below. Popular cities where surrogacy usually takes place are underlined in yellow.
Popular Surrogacy Destinations in Mexico
Mexico City – Mexico City (CDMX) is the largest city in Mexico and arguably the most famous and popular surrogacy destination in Mexico. There are at least a dozen surrogacy agencies that operate in Mexico City and many top-class fertility clinics and private hospitals can be found in this city as well. Since there are many intended parents pursuing surrogacy in Mexico City, embassies, Mexican civil registry which issues birth certificate, and federal court in which Amparo trial takes place are all becoming more efficient in processing surrogacy cases. An Amparo trial is a trial which is done to protect the constitutional rights of people; many intended parents use this type of trial to remove the surrogate from their baby’s birth certificate and have only their name(s) listed in it. Most if not all Amparo trials in Mexico City which seek to have a birth certificate list only the intended parents name(s) after birth have resulted in a favorable ruling. There is also a possibility of obtaining a pre-birth order in Mexico City by initiating an Amparo trial during pregnancy, but the chance of success of this legal action is about 50/50.
For more information about surrogacy in Mexico City, read this guide.
Cancún – Cancun is another popular surrogacy destination in Mexico. It is also very famous for its beach resort. Intended parents who have to stay in Mexico for a month or two after birth while Amparo trial is taking place may find Cancun an attractive surrogacy spot. The crime rate of Cancun is lower than that of Mexico City, which is another reason why some intended parents find Cancun more suitable. Cancun may be slightly more surrogacy-friendly than Mexico City as the amount of time needed for obtaining a favorable ruling in an Amparo trial has been reported to be less than that in Mexico City.
For more information about surrogacy in Cancun, read this guide.
The State of Sinaloa – The state of Sinaloa is one of two states in Mexico that have a legal framework for surrogacy. As such, it legally permits pre-birth order where intended parents are recognized as legal parents before an embryo transfer even takes place. Since the civil code of Sinaloa allows only Mexican married nationals to undergo surrogacy, an Amparo trial has to be done in order to obtain a pre-birth order. The basis of this trial is that Mexican constitution prohibits discrimination based on sexual orientation, marital status or nationality, and this allows foreign intended parents to obtain a pre-birth order in the same way that a married Mexican national can. A surrogacy contract must be signed in the state of Sinaloa and your lawyer has to initiate an Amparo trial in the same state. However, medical procedures such as embryo transfer can take place in any states.
For more information about surrogacy in Sinaloa, read this guide.
The State of Jalisco – The state of Jalisco is friendly to surrogacy, and multiple agencies can try to get you a pre-birth order. A pre-birth order is obtained through an Amparo trial that is done before or during the pregnancy of your surrogate. There are two cities where surrogacy agencies are located: Puerto Vallarta and Guadalajara. Competent fertility clinics and law firms are also located in these two cities. Puerto Vallarta is a coastal city with nice beaches just like Cancun, so it is a popular spot for medical tourism. Note that Jalisco doesn’t have a state-level legal framework for surrogacy (unlike the state of Sinaloa), so there is no guarantee that a pre-birth order will be granted. Amparo trial done after the birth, however, almost always results in a favorable ruling.
For more information about surrogacy in Jalisco, read this guide.
Why should I pursue surrogacy in one of these popular destinations?
You might be wondering if there are other states or cities that you can do surrogacy in. The short answer is, Yes, but it is not recommended. For one thing, other states and cities may not be friendly to surrogacy. This is a big factor for foreign intended parents. Many intended parents need their name(s) listed in the baby’s birth certificate in order to transfer their citizenship to their baby and apply for passport on behalf of their baby. Removing the surrogate’s name from the baby’s birth certificate also guarantees that your surrogate won’t be recognized as the legal parent of your baby. Altering the birth certificate requires a favorable ruling in an Amparo trial, and it is much easier to obtain a favorable ruling in states and cities that are friendly to surrogacy.
If you’d rather give your baby Mexican citizenship and keep the surrogate’s name on the birth certificate, you may still need to undergo an Amparo trial. In fact, a favorable ruling from an Amparo trial is needed before Secretariat of Foreign Affairs can verify the validity of your surrogacy arrangement and issue your baby a Mexican passport. This means that you’ll still want to do surrogacy in a place where courts are friendly to surrogacy.
In addition, you won’t be able to find many agencies and clinics that service foreign intended parents. Most of the time, you’ll need an agency, a fertility clinic, and/or a law firm that understand the needs of international intended parents and have staff that speaks English. Also, in states that are unfriendly to surrogacy, most clinics may not want to work in surrogacy cases. With a lack of agencies, clinics, lawyers, and other professionals that specialize in surrogacy, pursuing surrogacy in surrogacy-unfriendly states is difficult.