mexico. surrogate motherhood

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surrogacy in mexico

Legal Aspects of Mexico surrogate motherhood

In Mexico firms represents the Intended Parents who arrange surrogacy agreements through CSP. This role includes drafting the appropriate contracts, providing legal counseling and assisting couples through the termination of the parental rights of the Surrogate Mother and/or Egg Donor. Surrogate Mothers are represented by independent counsel to assure that they fully understand the rights and obligations of entering into the agreement.

In Mexico it is critical that all parties to a surrogacy agreement have had an opportunity to properly evaluate the risks involved in selected infertility treatments prior to the commencement of any medical procedures. It is also critical that the parties have carefully considered the legal ramifications of entering into a written surrogacy agreement itself.

Because a surrogacy contract involves constitutionally protected parental rights and reproductive freedoms, obtaining legal representation is an important step to creating a valid surrogacy agreement with a Surrogate Mother and Intended Parents.

Comprehensive contracts should be executed prior to entering into any surrogacy arrangement to memorialize the intent of the parties. As two recent ground-breaking California cases, Johnson v. Calvert and Buzzanca v. Buzzanca, have illustrated, legal parental relationships may be established when Intended Parents initiate and consent to medical procedures intending to create a child they will raise, regardless of whether there is a genetic relationship between them and the child. The clearest manifestation of this intent is the contract.

Although few jurisdictions have passed laws on the legality of surrogate parenting, this burgeoning area is generating tremendous interest among legal scholars. Without question, surrogacy activity in both the legislative arena and in the courts is inciting both positive and negative responses and, in many instances, leaving the law in a state of flux.

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