Update on surrogacy in the Mexican state of Jalisco
The current state of surrogacy regulation in the Mexican state of Jalisco is in a state of transition, according to attorney Ivan Davydov from Carem. I have set out below his recent summary sent out to clients, which I share with his permission.
——–
Surrogacy in Jalisco
Smart Move or Risky Timing
Dear Clients,
In recent weeks, we have received a growing interest from our clients in having their procedures carried out in the State of Jalisco, with the purpose of obtaining a court order during the pregnancy rather than after the birth. This preference arises largely from the precedents that our firm established in this State, being pioneers and, to date, the only firm to create an effective legal route for these types of processes.
Nevertheless, it is essential for intended parents to understand two fundamental elements regarding the current situation in Jalisco:
1. Recent changes derived from Amparo Review 62/2024
A few weeks ago, a judgment was published in Amparo Review 62/2024, which generated a significant shift in Jalisco’s procedural dynamic. In this ruling, the court established special requirements for the execution of surrogacy agreements. Compliance with these requirements is mandatory; otherwise, the judicial authority may impose extraordinary measures for the registration of the newborn, such as:
-
- Mandatory appearance of the intended parents before the judge at any moment during the trial, granting a five-day period to comply when required.
- Joint appearance of the surrogate, the intended parents, a representative of the Social Prosecutor’s Office on behalf of the surrogate, and an agent from the Prosecutor’s Office for the Protection of Children and Adolescents, before the Civil Registry, in order to clear judicial instructions and comply with the formalities established for the process.
2. Legal outlook and the firm’s strategic actions
We trust that once the appeals we have filed against these changes are resolved, the State of Jalisco will regain the procedural stability that has historically characterized matters processed there. However, during this transitional period, it is essential for intended parents to make informed, responsible decisions, fully aware of the legal context.
In line with our commitment to transparency and our clients’ legal security, we have expanded our procedural routes and implemented cases in Mexico City, Quintana Roo, and Nuevo León, with the objective of:
- Facilitating the continuity of procedures
- Avoiding unnecessary travel
- Identifying the legislation and legal strategy most convenient for each family
- Warning regarding improper practices in the market
It is important not to be misled by attorneys or companies who use our precedents or procedural routes without having the experience, knowledge, or professional ethics necessary for these types of matters. Likewise, clients should not trust those who promise unrealistic processing or travel times merely to secure their engagement.
Surrogacy is a highly specialized, sensitive, and legally complex process. One must work with true experts—not with firms willing to experiment with their clients’ lives, time, and peace of mind.
Current situation in Mexico City
Although the procedural model we use in Mexico City is relatively new—and different from that of any other firm—the results obtained thus far have been favorable. We are generating relevant precedents that, as occurred in Jalisco, will allow intended parents to carry out their proceedings with less logistical burden, fewer travel requirements, and increasingly efficient timelines.
We deeply appreciate your trust. We invite you to schedule a call with our team if you wish to learn more about:
- The current situation in Jalisco
- Changes in legal criteria and precedents
- New court rulings
- The future of surrogacy procedures in Mexico
We remain at your disposal to provide clear, honest, and secure legal guidance.
Warm regards,
Iván Davydov
——–
