Legal requirements


To start a surrogacy process it is very important to take into account the rights of all parties (intended parents, gestational carriers, donors, and babies). That is why at FERTYSURROGACY we have a team of lawyers specialized in international family law, assisted reproduction, and surrogacy, who will support you throughout the process.

It is important to detail fundamental aspects such as those set out below in order to safeguard the rights of all parties involved, if we go to a country such as Mexico, which has specific regulations:

  • Prior psychological evaluation of the parents for all family types
  • In the cases of heterosexual families, medical certification specifying the cause justifying why the woman is unable to become pregnant or to carry a pregnancy to term
  • Specification of the rights and obligations of the parties involved
  • Contracting of medical insurance and codes of conduct in exceptional cases under the following circumstances: deformities or serious illnesses detectable during the first months of pregnancy and death of one of the intended parents or surrogate mother during the pregnancy
  • A duly detailed contract binding the parties involved (fertility centre, contracting parents, surrogate mother and her partner, if applicable)
  • Legal support to legitimise parentage
  • Defence of all types of family – people’s access to family models that can benefit from these assisted reproduction techniques
  • Selection protocol supervised by the medical teams of potential surrogacy candidates (psychological and medical examination, family background, social and criminal record study)
  • The surrogate mother must have had at least one living child, no more than one caesarean and be in a good state of general health for the purposes of procreation
  • Personal assistance from our lawyers at embassies and consulates
Surrogate pregnancies in Cancún are legal and permitted by law. This can be done without complications.

Before beginning the process in third countries, the legal guarantees offered by each country must be studied in detail. This will help you choose the one which seems the safest and which makes you feel most comfortable according to the case in question and/or the type of family to which you belong. Furthermore, the way in which the parentage and nationality of the baby will be recognised (once the process has been completed) must be fully examined in detail. We attend to this for families.

We therefore offer you the opportunity to be assisted by a specialist at no extra cost and with no obligation. All inquiries are confidential.


Unlike in other countries, the law in Mexico allows all family models to carry out a surrogacy process.


Parentage is certified by a legal document confirming the baby’s paternity on the part of the intended parents and removes any right of the surrogate mother and her husband, where applicable, regarding the baby.


For legal purposes, what is important is where the contract is signed, where the surrogate mother resides and where the birth takes place. Therefore, people who reside in a country in which the contract is not valid may benefit from the policies of countries where it is not, as is the case with Mexico.