Surrogacy in New Mexico

Gestational Surrogacy in New Mexico

Although there is no explicit statute, surrogacy is legal in New Mexico and is practiced as New Mexico courts grant pre-birth declaratory judgments of parentage. Of note, New Mexico does have a statute whose sole purpose is to state that gestational surrogacy agreements are neither permitted nor prohibited.

Understanding Surrogacy Laws in New Mexico

Legal Parentage

New Mexico courts typically grant pre-birth parentage orders to married and partnered couples so long as there is at least some genetic connection. Depending on the circumstances and the overseeing judge, married and unmarried couples with no genetic link may also be granted a parentage order. Single intended parents may face more hurdles in obtaining a parentage order because New Mexico law favors having two parents. Therefore, complications can arise when there is no parent to take the place of a gestational carrier on the birth certificate. Ultimately it is critical that intended parents discuss their parentage options with an experienced professional prior to pursuing surrogacy in New Mexico.

Backing up a step, the legal parentage process is the critical step where parentage is determined. Depending on where your child is born, the birth parentage orders will be completed either pre- or post-birth. Every state, whether pre-birth, post-birth, or some combination of the two, has its own unique process and requirements. Working with an experienced Assisted Reproductive Technology lawyer and reputable agency is critical to the success of a surrogacy journey. One of the many benefits of working with an established agency like ConceiveAbilities is the legal oversight, education, and support provided to both intended parents and gestational surrogates.

Pre-Birth Orders

The pre-birth process means that the relevant state law provides an avenue for the parties to present an order to a judge for entry prior to the child being born that establishes the intended parent(s) as the legal parents of the child. It will also likely direct the hospital to release the child to the intended parents after discharge and order the New Mexico Office of Vital Records to name the intended parents on the child’s birth certificate.

Post-Birth Processes  

The post-birth process is overall procedurally the same as the pre-birth, but it occurs after the child is born. Often this is because the relevant state law contemplates the existence of a live child before anything can be filed or entered. But the ultimate result is the same – a birth certificate with the intended parents’ names and secure legal parentage of the child in favor of the intended parents. Post-birth court orders may be necessary if the pre-birth order process isn’t followed, ensuring legal parentage.

Common Questions About New Mexico Surrogacy Law

Do You Need a Medical Need for Surrogacy in New Mexico?

New Mexico does not require a medical need to pursue surrogacy.

Are There Any Requirements or Specifications for Intended Parent(s) as It Relates to Marital Status?

New Mexico permits married, partnered couples, and single individuals to pursue surrogacy although parentage options and availability vary.

Do Intended Parent(s) need a genetic connection to the embryo?

In New Mexico, intended parents do not need a genetic connection to the embryo although it is preferred.

Can International Intended Parent(s) Pursue Surrogacy in New Mexico?

International parents can pursue surrogacy in New Mexico. Learn more about becoming a parent with international family building.

Can LGBTQIA+ Intended Parents safely pursue surrogacy in your state?

Yes, New Mexico allows surrogacy for all individuals including the gay and LGBTQ+ community, regardless of sexual orientation. However, the parentage process may vary and an adoption for the non-biological parent will be required. Learn more about surrogacy and the LGBTQ+ Community.

Can I Use My Own Surrogate? Is Altruistic Surrogacy Permitted?

Yes, altruistic surrogacy is permitted in New Mexico. Even if you have a surrogate, you may still choose to partner with a surrogacy agency to navigate your journey.

Are there any residency requirements for either Intended Parent(s) or surrogates in New Mexico?

Generally no. Intended parents do not need to be New Mexico residents to carry out a surrogacy journey in New Mexico. Similarly, gestational carriers are not required to reside in New Mexico. However, if the gestational carrier is not a resident, baby needs to be born in New Mexico to provide sufficient jurisdiction.

Are there any written laws (statute or case law) relating to the rights of gestational carriers?

There are no written laws in New Mexico pertaining to the rights of a surrogate. Learn more about surrogate rights.