Q: Is it legal to get a birth certificate of my baby with only my name in Mexico?
A: Yes. In Mexico, you can legally get a birth certificate of your newborn to show only your name and/or your partner’s name. By default, when a baby is born in Mexico through surrogacy, the Civil Registry issues a birth certificate that shows the intended father’s name and the surrogate mother’s name. However, the Mexican constitution guarantees that the intended parents will be identified as the legal parents of the baby. This was affirmed by the Supreme Court ruling of 2021, which stated that
- Everyone, regardless of family status, sexual orientation, or nationality, should have the right to form a family.
- Parental filiation should be determined by the parents’ procreational will, not gestational or genetic relationship.
- Minors, regardless of how they are born, should have their parents correctly identified.
- and if the local government refuses to identify the intended parents as the legal parents in the form of the birth certificate having their names, the intended parents can sue the government to have their names on the birth certificate.
The last point is the basis of Amparo trial, which is a type of lawsuit that helps protect people’s constitutional rights. As intended parents, you (and not the surrogate) have a constitutional right to be recognized as the baby’s legal parents, regardless of whether you have a genetic link with the baby. When the Civil Registry denies your request to have a birth certificate with only the intended parents’ name(s), you can initiate an Amparo trial. In this trial, you prove to the judge that you are the one who has the procreational will. Upon success, intended parents can have their names on the birth certificate without the name of their surrogate. If you have a partner, your partner’s name can also go onto the birth certificate.
Often, it is more advantageous for you and your partner’s names to be on the birth certificate. This is because:
- If your surrogate’s name is on the birth certificate, she would have the full legal rights and responsibilities of being a parent of your baby. She might also face legal troubles if you leave the country with the baby as she might be legally prosecuted for child abandonment or child trafficking.
- If you or your partner’s name(s) is not on the birth certificate, you may have a hard time applying for the passport for your baby. For example, in order to apply for CRBA for your baby, you must prove that you are the legal parent of the baby.
- The baby’s last name is the combination of the intended father and the surrogate mother’s last names, connected by a hyphen. You may or may not be able to change the last name of your child when you go back to your home country. This depends on the law of the jurisdiction that you live.
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