Gay Surrogacy Mexico

Gay Surrogacy Laws in Mexico

Surrogacy for  same sex couples is possible in Mexico.  Discrimination by both state bodies and private individuals on grounds of marital status, gender identity, and sexual orientation is prohibited by both federal and state statute.  It was also upheld by the 2021 Supreme Court decision on surrogacy,

Article 1 – In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself (…)

Any form of discrimination, based on ethnic or national origin, gender, age, disabilities, social status, medical conditions, religious, opinions, sexual orientation, marital status, or any other form, which violates the human dignity or seeks to annul or diminish the rights and freedoms of the people, is prohibited

Discrimination on the basis of sexual orientation is also criminalized in Mexico City in its Penal Code.  Same-sex couples can enter into marriages or civil partnerships in Mexico City and are afforded the same rights and legal recognition as married or common law opposite-sex couples respectively, including adoption, pension, and inheritance rights.