Surrogacy in Mexico: legal framework and the Supreme Court's standard

An overview by state

Coahuila: Article 491 of its Civil Code, which declared surrogacy agreements legally nonexistent, was repealed on December 15, 2015. It should not be presented as a current prohibition. The repeal does not guarantee the validity of every agreement; each case requires review of the applicable framework.

• Express regulation: Tabasco and Sinaloa address these arrangements in their civil or family legislation. Their requirements must be read alongside Supreme Court rulings: a clause appearing in a published code may no longer be valid if a judgment has invalidated it.
• Specific restrictions: Article 400 of Querétaro’s Civil Code prohibits couples adopting embryos from seeking assisted or surrogate motherhood or contracting a third woman to carry those embryos. In San Luis Potosí, Article 243 of the Family Code declares substitute motherhood legally nonexistent and without legal effect. These are different provisions, not one nationwide rule.
• Without specific regulation: Mexico City has no specific regulation of these arrangements. That absence does not guarantee their validity or, by itself, prevent consideration of parentage; applicable rules, the rights involved and judicial rulings all matter.

This is why the program’s location and where the baby would be born matter. It is advisable to plan the route to legal parentage with counsel before pregnancy, without assuming it will be the same in every state.

The Supreme Court's standard (February 2026)

On February 3, 2026, the Supreme Court, sitting in full bench, resolved conflicting rulings in case 159/2025 by seven votes to two. The ruling addresses parentage through surrogacy in Mexico City. In summary:

1. Notarized contract

   Under the route described for Mexico City, the agreement must be presented after ratification before a notary. It is advisable to obtain legal advice and prepare the formalities before pregnancy begins.

2. Review by a judge

   Review takes place through non-contentious court proceedings, known as diligencias de jurisdicción voluntaria, when there is no dispute. The judicial authority checks the agreement's legality, prior, free and informed consent, and protection of the surrogate.

3. Birth certificate

   The judicial authority may, where appropriate, order the Civil Registry to issue the corresponding birth certificate. Signing the agreement does not make issuance automatic.

Protection against exploitation is also addressed in amparo en revisión 63/2024. Paragraph 391 links harm to dignity with financial subordination, domination or impairment of reproductive autonomy. The February 2026 ruling does not replace state legislatures’ authority to legislate.

Other relevant decisions

• Constitutional challenge 16/2016 (2021): the Court reviewed Tabasco's rules and recognized surrogacy as an assisted reproduction technique protected by reproductive rights, provided the rights of the surrogate and child are safeguarded.
• Amparo appeal 63/2024 (2025): the First Chamber decided a case from Jalisco on July 9, 2025. It examined recognition of parentage, genetic ties and adoption, as well as independent legal advice and the carrier’s autonomy. Its conclusions must be read in the context of that case; they do not establish a single nationwide procedure.

What this means for you as a surrogate

• The agreement's form and the parentage procedure depend on the applicable legal framework. Ask for a complete copy, time to review it, and independent legal advice before signing.
• Your consent must be free and informed. No one may pressure you, conceal risks or exert financial pressure on you.
• You can ask the program which state would handle legal parentage procedures and which lawyers would be involved.
• If a program cannot explain the legal process in writing, that is a reason to pause.