Surrogacy in Mexico: do the legal part first, or call me when it has gone wrong.
I'm a litigation attorney. I draft and review surrogacy agreements, obtain the court orders behind your child's birth certificate, and step in when an agency or clinic didn't do what it was paid to do. I work for intended parents only, never for agencies or clinics.
Which one is yours?
You're about to start
You want the contract and the court process done properly, before the pregnancy or during it.
Your baby is born and you can't leave Mexico
There is no birth certificate, so there is no passport, and the agency has stopped answering.
You paid for a service and didn't get it
The agency or clinic took the money and didn't deliver what was agreed.
What's going on
The most common mistake I see is hurry. Intended parents want everything done fast and pick the fastest option on offer.
There are lawyers, and sometimes agencies, who offer faster paperwork. Many of those shortcuts are illegal, and that is when the complications start: falsified documents, or outright fraud.
The legal route takes planning, not luck. The court proceeding is filed around the third month of pregnancy and takes about six months, so it is finishing as your child is born. With the court's documents in hand, the registration, the birth certificate and the passport take about three weeks.
Start in the third month of pregnancy, and about three weeks after the birth you have a birth certificate, a passport, and a flight home.
Before and during the pregnancy
- Draft or review the surrogacy agreement.
- File the court proceeding that recognizes the surrogacy arrangement. This is what the birth certificate rests on. It is filed around the third month of pregnancy and takes about six months.
After the birth
- If that proceeding wasn't done in time: file an amparo, a constitutional action before a federal court, so your child can have a birth certificate.
- File the proceeding to remove the surrogate's name from the child's birth certificate, where it was recorded.
- Obtain legal custody when the surrogate's name stays on the certificate, and prepare the documents you'll need so her name can be removed in your home country.
- Obtain the child's passport.
When something went wrong
- Defend you if a criminal complaint has been filed against you.
- Act against an agency or clinic that charged you and didn't deliver.
What these cases look like
A newborn with no birth certificate and a kidnapping accusation. A foreign parent came to me with a daughter born through surrogacy in Mexico. The child had no birth certificate, so she had no passport and the family could not leave the country. On top of that, the surrogate had accused them of kidnapping. There were no written contracts to rely on.
We filed an amparo so the child could have a provisional birth certificate. We gathered evidence in Mexico City, where the pregnancy took place, to show that there had been no kidnapping and that the surrogate had no genetic link to the girl. Medical treatment records and witness testimony were enough to get the accusation dismissed. A second amparo then granted her a permanent birth certificate. She now lives in the United States with her parents.
Embryos that were never used. A client brought their own embryos to Mexico. The agency charged for the service, never used them, and discarded them. The case ended with the client being paid and compensated.
A child with no genetic link to the father. A man contracted an agency to have a child with his own genetic material. The baby was born without his DNA. The agency's answer was to offer to make him another one. That case also ended with payment and compensation.
Details are omitted to protect my clients' identities. Every case is different, and these don't predict yours.
Where I take these cases
I handle surrogacy matters in Yucatán, Mexico City, Quintana Roo and Guadalajara.
How it works
- You message me with where you are in the process: planning, pregnant, or already born.
- We talk. If your child is already born and you can't leave, we talk the same day.
- I tell you which proceeding applies and what documents it needs.
- I file and follow it through to the birth certificate and the passport.
What it costs
The consultation: US$200 · 45 minutes, by video call or in person. Surrogacy consultations take more specialized preparation than a general one.
The case: a fee per proceeding. Some clients only want me alongside them to review documents; others want everything handled. Every case is different, so you get the fee in writing once I know which proceedings yours needs.
Who handles your case
Javier Quezada, litigation attorney with 15 years of practice (cédula profesional 6462824). About 90% of my work is in court, and I hold a diploma in amparo proceedings. I take every intended parent's case on the same terms.
Frequently asked questions
When should I contact a lawyer?
Before you sign anything, and no later than the third month of pregnancy. The court proceeding takes about six months and should be finishing when your child is born.
My baby is already born and has no birth certificate.
That can still be solved, through an amparo, which takes between a month and a half and three months. Message me now.
The agency says it handles all the legal paperwork.
Ask who their lawyer is, what exactly will be filed, and in which court. Many of the fast-track options on offer are illegal.
The surrogate's name is on the birth certificate. Can it be removed?
Yes, there is a court proceeding for that. Where her name stays, I obtain legal custody for you and prepare the documents to have it removed in your home country.
How long does it take after the birth, if nothing was filed during the pregnancy?
The amparo takes between a month and a half and three months.
The agency took my money and didn't deliver. Can I do something?
Yes. Bring the contract and proof of payment.
Do I have to stay in Mexico the whole time?
No. The proceeding during the pregnancy can be handled through a power of attorney without you being in Mexico, though it requires documents from the agency, medical records and others. For other proceedings it depends on the case.