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UPDATED for 2024 Bill Houghton talks about surrogacy in Mexico -- what's likely to be the next international surrogacy hub. So if you've been following the blog for a while you probably know that I have spent the last several years telling people that surrogacy in Mexico was unregulated, and that unregulated surrogacy comes with a host of risks but that changed completely in 2021 with the decision by the Mexican Supreme Court. Essentially what the court did was open up the possibility for commercial surrogacy for all individuals across Mexico. For a moment let's go back and take a look at the three Supreme Court rulings and what they means. Surrogacy Ruling #1. The first is that the Supreme Court recognized that it is an inherent human right to form a family and that assisted reproduction was a recognized means of pursuing that basic right surrogacy in particular was an accepted means of having a child on you know pursuing a basic right of forming a family so under the constitution of Mexico all individuals need to have equal access to surrogacy whether they are married single gay straight foreign or domestic . Surrogacy Ruling #2. The second notable Supreme Court ruling was that it was up to the individual states to regulate surrogacy and while the states could not ban surrogacy completely they still had the obligation to regulate the practice and as aside how they were going to make surrogacy accessible and secure to everyone and So what we see now is that while surrogacy is technically legal across Mexico it varies from state to state as to exactly how surrogacy works. in some states there are some states that are very surrogacy friendly and the process is very straightforward and very supportive of the intended parents. In other states the regulations are strict and can be very onerous. But given that the supreme court was relatively recent, most states in Mexico haven't yet fully figured out how they're going to regulate surrogacy. So we're going to see how that shapes out over the course of the coming years. Surrogacy Ruling #3. The third thing that the Supreme Court said which is very notable is that in cases where the parentage of a child is a question the legal parents are not decided by genetics or biology at all. In fact the court acknowledged the concept known as “procreational will”. Procreational Will refers to the actual intent to form a family procreational will belongs to the individuals who are attempting to form a family -- attempting to have a baby. Under the Supreme Court ruling they are in fact the legal parents. So in Mexico, if there's a formal agreement at the start of an assisted reproduction process (including surrogacy) it is the individuals commissioning the procedure who clearly have procreational will and not the surrogate. That puts Mexico on a very short list of countries now where if you have a valid surrogacy agreement then the intended parents can be recognized as the legal parents when the baby is born, and the surrogate is not considered a parent under Mexican