The murky world of surrogacy in Mexico

Mexico News Daily | July 18, 2024

International agencies promote surrogacy in Mexico even though there is no federal regulation, and explicit laws on surrogacy exist in only 4 states. Mexico’s Supreme Court legalized surrogacy in 2021, but lack of adequate regulation leaves open the door to human rights violations, with no legal recourse for the parties involved.

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‘It will really make me sad’: Georgia plans to ban commercial surrogacy

Al Jazeera | September 6, 2023

The Georgian government is planning to ban compensated surrogacy for foreigners. Some critics point to the conservative political agenda behind the bill. It will likely put pressure on surrogacy industries in the US and Canada and emerging “hubs” in Argentina, Mexico, and Uganda.

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They hired a surrogacy agency in Mexico. Now the baby is stuck abroad.

The Washington Post | June 29, 2023

Lower costs motivate some prospective parents to seek out surrogates in Mexico, but the lack of regulation for foreigners makes the practice precarious.

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Surrogacy: Parenthood as a global industry

El País | April 3, 2023

Because surrogacy in the United States–the most popular destination– is so expensive, more couples from countries where surrogacy is illegal are turning to Mexico to find surrogates. But the industry’s lack of regulation leaves surrogates vulnerable to exploitation.

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The commercial surrogacy industry is booming as demand for babies rises

CNBC | March 7, 2023

With more intended parents interested in surrogacy––largely from wealthier Western countries––comes more demand for surrogates. Women in countries including Georgia and Mexico are drawn to surrogacy because of the financial compensation, but risks of exploitation–particularly in a largely unregulated industry– remain. 

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Colonialism Of Childbirth: How Racism Slammed Into My Surrogacy Experience

Abril Castro Prieto | WorldCrunch | November 3, 2022

Abril Castro Prieto from Mexico illustrates the effects of racism and colonialism on the reproductive technology industry  and shares her personal experience with reciprocal IVF (mis-translated from original Spanish into the English version as “surrogacy”). When choosing an anonymous sperm donor, her doctor assumed she would opt for a white donor, i.e. expecting she would want to “improve the race.” 

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‘Rent My Womb’: Women Are Desperate to Become Surrogates in Mexico

Emily Green | Vice | October 28, 2022

Increasing demand among U.S. couples for cheaper surrogacy options has contributed to a surrogacy boom in Mexico. Mexican women are signing up to be surrogates, but the lack of regulations to oversee it leave surrogates vulnerable to exploitation.

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Video: Deseos (“Longing”)

Deseos
By GIRE Mexico | 2017

GIRE, a Mexico-based organization that has studied, documented, published, and advocated on international recently released a documentary on the practice in 2017. “Deseos” or “Longing” follows Mirna, a divorced gestational mother with three of her own and shines a critical light on the lack of regulation around surrogacy in Mexico.

Visit GIRE’s website and read the organization’s latest report on surrogacy in Mexico. In it, GIRE offers a comprehensive overview of the current status of surrogacy, the scope of the debate around the practice, legal frameworks, cases, and recommendations. The last includes, for example:

  • Legislation that defines surrogacy as a contract between gestational mothers and intended parents.
  • Decriminalization of all the parties involved, including any criminalization based on nationality, sexual orientation, marital status, and age.
  • Quality and confidential health and legal care for gestational mothers.
  • Guarantees that costs related to pregnancy, birth, and postpartum be covered by intended parents (regardless of birth outcomes).
  • Contract revisions be contingent on the involvement of a competent notary/judge and consent of all parties.
  • Notifications of relevant state and federal authorities to avoid problems related to registration, legal parentage, and citizenship while contracts are valid or after birth.

Read the full report > 

Article: As Mexican State Limits Surrogacy, Global System is Further Strained

As Mexican State Limits Surrogacy, Global System is Further Strained
By Victoria Burnett | The New York Times | March 23, 2017

Legal in the Mexican state of Tabasco since 1997, international commercial surrogacy is now under fire in the country.

This article tracks changes to the law – restricting Mexican gestational mothers from carrying children for foreigners – with analysis of how the new policy will be implemented. It follows gestational mothers, for whom surrogacy is a vital source of income, in a state with the highest unemployment rate in the country, as well as intended parents locked in legal battle with authorities that are stalling on birth certificates after the new restriction was enforced.

With this development, Mexico is the next (fallen) chip in the global practice of international commercial surrogacy.

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Article: Mexico Resists Becoming Next Reproductive Tourism “Paradise”

Mexico Resists Becoming Next Reproductive Tourism “Paradise”
by Isabel Reviejo | Latin American Herald Tribune | April 14, 2016

Excerpt:

This piece explores the role of Mexico as “the next niche” for international commercial surrogacy. It describes the scope of current law and legal loopholes, as well as attempts by the state to regulate the practice.

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