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New Mexico Surrogacy Law Overview

The Center for Surrogate Parenting walks you through New Mexico surrogacy law

Surrogacy is a beautiful family-building method. However, it can be complex, especially when it comes to the laws surrounding it. Thankfully, our experienced surrogacy agency is well-versed in the surrogacy laws of each state, including New Mexico surrogacy law. In fact, the Center for Surrogate Parenting (CSP) has completed several finalizations of parental rights in this state.

As the oldest surrogacy agency in the world, we have helped U.S. and international parents to welcome healthy babies with help from U.S. surrogates. We are proud to say that we have never experienced issues with intended parents being able to bring their babies home.

To help you learn more about New Mexico surrogacy law and how to create a surrogacy contract, we’ve included some basic information below. You can also contact us for more information.

    • Is a surrogacy contract valid and enforceable?

      Yes. Despite the lack of express statutory law or published case law addressing surrogacy, it is a common, accepted and safe family-building practice in the state.

    • Does the state have surrogacy laws and/or case law?

      New Mexico law states that gestational surrogacy contracts are neither permitted nor prohibited. This is the only statute relating to surrogacy in New Mexico.

    • Are the courts typically favorable or unfavorable towards surrogacy arrangements?

      New Mexico courts are typically favorable towards surrogacy arrangements.

    • Is commercial surrogacy legal?

      Commercial surrogacy is legal in New Mexico and the intended parents are permitted to compensate the surrogate for her time and expenses. Such compensation is typically arranged for in a surrogacy contract.

    • Is traditional surrogacy permitted?

      Since there are no laws in New Mexico that expressly prohibit traditional surrogacy, it is technically not illegal. However, traditional surrogacy is treated like an adoption in the state and requires parentage to be established pursuant to adoption proceedings rather than through a parentage order. In addition, compensated traditional surrogacy arrangements have been prohibited in past cases, so there is some support for the notion that such contracts may be found unenforceable if challenged in a New Mexico court of law.

    • Is gestational surrogacy allowed?


    • What are the requirements for an enforceable surrogacy contract?

      Since New Mexico does not have a statutory rule on this, there is not a specific set of guidelines for when a judge may uphold the validity of a surrogacy arrangement. Parties should articulate their intentions, desires, roles and responsibilities as clearly and specifically as possible to provide proper framework for dispute resolution should an issue arise.

      Generally, the intended parents and surrogate should have independent legal counsel, the surrogate should meet specific requirements, and the agreement should include provisions that discuss the legal, financial and contractual rights, expectations, penalties and obligations of the surrogacy agreement.

    • Are pre-birth and post-birth orders permitted?

      Pre-birth parentage orders can be obtained by nearly any intended parent in any circumstance, except for single intended parents who may have trouble obtaining a parentage order depending on the judge. Because the state favors granting parentage orders to intended parents who share financial responsibility of the resulting child, New Mexico courts tend to not issue parentage orders to individual intended parents.

    • Can both intended parents be declared the legal parents?

      Yes, both intended parents can be declared the legal parents in a pre-birth order, regardless of sexual orientation, marital status, the use of egg or sperm donation, or the genetic relationship to the child.

    • Will the state honor a pre-birth order issued by another state?

      Yes, but domestication by a New Mexico court is likely necessary.

    • What do intended parents need to know about getting the baby’s birth certificate?

      The intended parents will receive the birth certificate within 2 weeks, but the process can be expedited. Same-sex parents are listed as Parent and Parent.

      International gay couples can obtain an initial birth certificate that names the biological father and gestational carrier. They cannot obtain an initial birth certificate that names the biological father only. They can subsequently obtain a birth certificate that names both fathers only, with no mention of the surrogate.

    • Are post-birth adoptions permitted?

      Second parent and stepparent adoptions are permitted, but they are usually unnecessary in surrogacy arrangements due to the high availability of pre-birth parentage orders in the state. Typically, a post-birth adoption will only be necessary in a traditional surrogacy arrangement.

    • Are second-parent adoptions permitted?

      Yes, and they are available to unmarried couples.

    • Are stepparent adoptions permitted?

      Yes, and they are available to married couples.

VorzimerMasserman Disclaimer: This is a summary for informational use only and should not be relied upon for legal advice. Please note that the state laws regarding surrogacy frequently change and vary from county to county. The attorneys of VorzimerMasserman are only licensed in California. VorzimerMasserman shall not be responsible for any liability associated with this list.