Destination profile: Surrogacy in Mexico
Australian intended parents considering international destinations might come across surrogacy in Mexico as an option.
Note: nothing in this article qualifies as legal advice, nor does it replace advice from a lawyer who can give advice about surrogacy in Mexico. The surrogacy and political landscapes can change dramatically at short notice and this article will not be updated frequently. Sarah is not able to verify with 100% accuracy the information in this article.
Intended parents should consider what best practice, ethical surrogacy looks like and research widely before choosing a pathway. Agencies, intermediaries and trade shows are often conflicted from giving unbiased advice. Australian consumer laws will not protect intended parents if an international business does not deliver on their promises.
Mexico is in South America with a population of more than 130 million. Spanish is the official language.
Australia’s Smartraveller website provides up-to-date information for travellers to Mexico. In August 2025, Smartraveller warned travellers to reconsider travelling to parts of Mexico, to remain in the major cities and to exercise a high degree of caution due to threats of violent crime.
Legal Status: Surrogacy in Mexico is regulated at the state level and is patchy. There are no legal protections for intended parents who pursue surrogacy in Mexico. Gestational surrogacy is available and open to singles and heterosexual and gay couples.
Risks: Besides the travel risks, there are risks in engaging in surrogacy in countries where surrogacy is not regulated. Services are free to operate, but it can also mean the legal framework can change, if the government and authorities decide to take action to prohibit or regulate surrogacy in a way that makes it difficult to leave the country with your baby.
Safeguards: Intended parents should satisfy themselves that safeguards have been met, including that:
- adequate legal protections are available to intended parents, the surrogate and the child.
- the surrogate has been medically and psychologically assessed and has access to psychological support.
- the surrogate can read and understand the surrogacy contract, and is assisted by an interpreter when needed – including during medical treatment.
- the surrogate and the child will have access to high quality healthcare, before, during and after pregnancy and birth.
- the parties have access to legal advice from an independent lawyer – one that is not employed by an agency or clinic.
Healthcare: Doctors may only speak Spanish; healthcare may be at a reasonable standard in private hospitals but likely expensive. You should ensure you have adequate insurance and that the surrogate and baby will be provided with a high standard of healthcare.
Parentage and birth certificates: For children born via surrogacy in Mexico, intended parents may obtain a birth certificate for the child listing the genetic father alongside the surrogate, if and until they can obtain a court order to remove the surrogate and list the other parent. Intended parents need to speak to an experienced lawyer in Mexico about the best process for legal recognition and exiting the country.
Australian recognition: Departing Australia relies on obtaining Australian citizenship for the child. Intended parents pursuing surrogacy in Mexico should seek independent legal advice from an Australian lawyer and a registered migration agent. Australia does not always recognise an international birth certificate or court order and further documents may be required to assist you to return home.
You might be exploring surrogacy in Argentina as an alternative, and other international surrogacy destinations.
Intended parents explore many different international surrogacy destinations. Find more information including links to Facebook groups about different options.
If you are considering surrogacy in Australia, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options.
You can read a broad overview for surrogacy in Australia and how it works.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018.
I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.
