The state of Sinaloa faces the Pacific Ocean, and it is approximately 1,200 kilometers northwest of Mexico City. The state of Sinaloa has a legal framework for surrogacy enacted in 2013. Surrogacy contracts are valid in this state, and pre-birth order is possible. What this means is that an intended parent can obtain an authorization from the court before embryo transfer. When a favorable court ruling is obtained, the intended parent can obtain a birth certificate with only their name(s) on it without having to undergo an Amparo trial after birth. An Amparo trial typically takes between one and two months; without this trial, an intended parent may be able to leave Mexico faster.
Which agencies are operating in Sinaloa?
The following surrogacy agencies are operating in the state of Sinaloa.
- GSM Corporativo
Can foreign intended parents pursue surrogacy in Sinaloa?
Yes, foreign intended parents can pursue surrogacy in Sinaloa. The state law for surrogacy in Sinaloa technically prohibits surrogacy by foreign intended parents. However, the constitution in Mexico does not allow discrimination on the basis of nationality. This has been confirmed in the Supreme Court ruling in 2021, which found that
- All intended parents have the right to form a family through assisted reproduction technology regardless of the sexual orientation, marital status, or national fertility.
- Agencies may facilitate a surrogacy agreement between a surrogate and an intended parent.
- Parental filiation of children born through surrogacy should be correctly identified.
Because the state’s civil code allows only Mexican nationals with infertility problems pursue surrogacy, intended parents have to undergo an Amparo trial before birth. In the Amparo trial, your lawyer will use Sinaloa’s existing legal framework to try to recognize you as the legal parent(s) of the baby to be born. A favorable court ruling will allow you to obtain a pre-birth order, which can be used to obtain a birth certificate with your name(s) only when the baby is born. After you obtain a pre-birth order, you can proceed to do embryo transfer in your clinic.
In order for you to obtain a pre-birth order, surrogacy contract between you and your surrogate should be signed in Sinaloa, and ideally, birth should take place in Sinaloa. It is not clear whether you can use a pre-birth order obtained in Sinaloa to get a birth certificate with your name(s) only from civil registry in other jurisdictions such as Mexico City. Embryo transfer can take place in other jurisdictions, however, so some parents choose to use a clinic located outside of Sinaloa.
Many foreign intended parents have successfully completed a surrogacy journey in the state of Sinaloa. If you want to get a pre-birth order before an embryo transfer takes place, the state of Sinaloa may be a good place to do surrogacy in.