Scroll Top

Legal requirements


To begin 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 take into consideration specific regulations in Mexico:

  • 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 gestational surrogate during the pregnancy
  • A duly detailed contract binding the parties involved (fertility centre, gestational surrogate and her partner, if applicable)
  • Legal support to legitimise parentage
  • Defence of all types of family – access to these assisted reproduction technique for all family models
  • 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 a process of international surrogacy in a third country, it is essential to know, in detail, the legal guarantees that each country offers to be able to choose that which offers the best safety, security and confidence according to your case and family model. Furthermore, it is also necessary to be correctly informed about how the parentage and nationality of the baby will be recognized – a task which we perform for the families.

We therefore offer you the opportunity for a free initial consultation with a specialist, 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 gestational surrogate and her husband, where applicable, regarding the baby.


For legal purposes, what is important is where the contract is signed, where the gestational surrogate 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.