As a federal state, Mexico doesn’t have federal laws that govern surrogacy. Instead, each state has its own criminal and civil prosecution code.

Surrogacy is only regulated in two states – Sinaloa and Tabasco and is only permitted for Mexican citizens. In other states, this assisted reproduction method is not illegal, but it is not regulated. Therefore, there are legal voids that compromise the process.

One advantage of having a baby in Mexico through surrogacy is that just like in the United States, a baby born through this process in the Mexican territory has the right to citizenship; thus, he/she is given a Mexican passport after birth.

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