What the law says
Surrogacy in Mexico: legal framework and the Supreme Court's standard
Mexico has no federal surrogacy law. Tabasco and Sinaloa have express regulations; other states have specific restrictions or no dedicated rules for these arrangements. The Supreme Court’s Plenary ruling of February 3, 2026 addresses parentage in Mexico City through non-contentious judicial proceedings, not a single nationwide procedure. This guide explains the differences and does not replace legal advice for an individual case.
Content last reviewed: · General information, not professional advice.
States documented in this guide
This summary reviews Tabasco, Sinaloa, Coahuila, Querétaro and San Luis Potosí, along with the cited judicial ruling for Mexico City. It is not an exhaustive review of all 32 states and does not certify the absence of regulation elsewhere.
Coahuila: Article 491 of its Civil Code, which declared surrogacy agreements legally nonexistent, was repealed on December 15, 2015.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.
- Querétaro: Article 400 of the Civil Code prohibits couples adopting embryos from seeking assisted or surrogate motherhood or contracting a third woman to carry those embryos. This provision addresses that circumstance, not a 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.
San Luis Potosí: scope of Article 243
In San Luis Potosí, Article 243 of the Family Code treats surrogate motherhood as legally nonexistent and without legal effect. It also provides that, if an embryo is implanted in a woman other than the spouse or cohabiting partner, motherhood is attributed to the woman carrying the pregnancy. How this provision applies, and the effects of a particular agreement, require independent legal advice.
Sources and provisions
- San Luis Potosí Family Code — Article 243; consolidated 20 May 2026.
Parentage: distinguishing circumstances and procedures
Legal parentage does not follow the same procedure throughout Mexico. In Tabasco, the notarial and judicial formalities and the distinction between arrangements with and without the surrogate's genetic contribution must be considered. Sinaloa provides for notification of the agreement to the Civil Registry. In Mexico City, the 2026 ruling provides for judicial review through voluntary jurisdiction when there is no dispute. None of these references guarantees an automatic birth certificate: request the procedure applicable to your case in writing.
Sources and provisions
- Tabasco Civil Code — Articles 380 Bis 5–6, alongside invalidated provisions and judicial interpretation.
- SCJN: Constitutional Action 16/2016, signed judgment — Full Court, 7 June 2021; fourth operative ruling, spousal provision of Article 380 Bis 5.
- Sinaloa Family Code — Articles 293–294.
- SCJN: Amparo en Revisión 63/2024, signed judgment — First Chamber, 9 July 2025; paragraph 197, pages 111–112.
- SCJN: official Full Court rulings bulletin, February 2026 — Contradiction of Criteria 159/2025, Full Court, 3 February 2026; Mexico City scope. The bulletin does not replace the judgment.
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:
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.
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.
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 action 16/2016 (2021): examined provisions in Tabasco. Its scope and the invalidated provisions are explained below.
- 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.
Tabasco: printed text and invalidated provisions
In constitutional action 16/2016, the Supreme Court protected the surrogate's reproductive autonomy and invalidated, among other provisions, requirements involving her spouse's or cohabiting partner's knowledge and signature in Tabasco. General declaration 2/2022 invalidated other restrictions on the commissioning party, including medical and age conditions; it did not invalidate the surrogate's age range. The September 2026 consolidated Code still prints those passages. Consult the judgments and their effects, not just the Code's PDF: application to a particular process requires legal review.
Sources and provisions
- SCJN: Constitutional Action 16/2016, signed judgment — Full Court, 7 June 2021; paragraphs 245–252 and 312–313; third to fifth operative rulings.
- DOF: General Declaration of Unconstitutionality 2/2022 — Full Court, 15 August 2023; published 26 February 2024; paragraphs 38–39 and second operative ruling.
- Tabasco Civil Code: official consolidated version — Consolidated 2 September 2026; Articles 380 Bis 1, 380 Bis 3 and 380 Bis 5. Read alongside the judgments.
Tabasco: agencies and the scope of the amparo ruling
Tabasco's Code retains a provision making an agreement void when agencies or third parties intervene. However, in Amparo en Revisión 129/2019, the Supreme Court found that absolute prohibition unconstitutional and granted protection to the company that brought the case. This is neither an unqualified prohibition nor general authorization: seek advice on each participant's role and the scope of the relevant judgments.
Sources and provisions
- Tabasco Civil Code — Article 380 Bis 4, section IV.
- SCJN: Amparo en Revisión 129/2019, signed judgment — Full Court, 8 June 2021; paragraphs 100–105 and 156–157, second operative ruling.
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.
Sources
- SCJN: full-bench rulings bulletin, February 2026 (Spanish) — official source; conflicting rulings case 159/2025
- SCJN: final transcript of the February 3, 2026 session (Spanish) — official source; conflicting rulings case 159/2025
- Sinaloa Family Code — Articles 282–290; state requirements and arrangements
- Tabasco Civil Code — Article 380 Bis and following; read alongside applicable judgments
- Supreme Court: amparo en revisión 63/2024 — signed First Chamber judgment, July 9, 2025
- Supreme Court: constitutional action 16/2016 — signed judgment; invalidation of provisions in Tabasco
- Coahuila Civil Code — Article 491 repealed on December 15, 2015
- Querétaro Civil Code — Article 400; provision concerning couples adopting embryos
- San Luis Potosí Family Code — Article 243; legal nonexistence and effects
- Supreme Court: nonbinding thesis 2024843 — carrier age in Tabasco; amparo en revisión 516/2018
