Surrogacy in New Mexico

Posted on July 18, 2021 by Giving Tree Surrogacy & Egg Donation

If you are an intended parent opting for surrogacy in New Mexico, then there are a few things you should know.
The state of New Mexico does not permit surrogacy arrangements, but it also does not prohibit it. This sounds vague, but it essentially means that surrogacy can be performed in the state, but its enforceability is also neither regulated nor prohibited.

So, as an intended parent, the best thing you can do to ensure a safe surrogacy journey is to hire an experienced surrogacy attorney. For example, you can work with Giving tree surrogacy and its network of experienced surrogacy attorneys in New Mexico for a hassle-free surrogacy journey.

Now, let’s answer some frequently asked questions about surrogacy in New Mexico.

Is gestational surrogacy legal in New Mexico?

Technically, Yes. Gestational surrogacy is legal in New Mexico as the law neither permits it nor prohibits it.
Fortunately, most courts in New Mexico favor gestational surrogacy as a safe family-building method, and as a result, gestational agreements are made regularly in the state.

Is compensated surrogacy legal in New Mexico?

Yes, a surrogate can be compensated for her precious work and time, but only in gestational surrogacy.

Is gay surrogacy legal in New Mexico?

Yes, gay surrogacy is also legal in New Mexico because no published law prohibits it. And same-sex couples are listed as Parent and Parent on the birth certificate.

Is traditional surrogacy legal in New Mexico?

Yes, traditional surrogacy is also legal in New Mexico since no law or statute prohibits it.

However, intended parents should know that traditional surrogacy is treated as adoption in New Mexico. That is why pre-birth orders can not be issued in traditional surrogacy and the surrogate can not be compensated for her work and time. Additionally, the surrogate has to relinquish her parental rights after birth.

Hence, traditional surrogacy is not the best option for intended parents in New Mexico.

Are surrogacy agreements enforceable in New Mexico?

Even though surrogacy agreements are not statutorily regulated in New Mexico, surrogacy agreements are made regularly between intended parents and surrogates. So, it can be said that surrogacy agreements are enforceable.
But, bear in mind that it is a must for intended parents to represent themselves legally before any medical procedure starts. Besides, the surrogacy agreement should mention all the related provisions in case of a dispute.

What are the laws in New Mexico on pre-birth orders?

Courts of New Mexico can issue pre-birth orders in gestational surrogacy as long as the surrogate gives her consent. This law is the same for gay couples.

On the other hand, pre-birth are not allowed in traditional surrogacy.

Is second-parent adoption allowed in New Mexico?

Yes, New Mexico allows second-parent adoptions.

Overall, New Mexico is a fairly good state for carrying out a surrogacy journey, especially gestational surrogacy. It is a lawfully simple state, grants pre-birth orders, and the courts favor surrogacy.

Regardless, gestational surrogacy can be complex at times. We recommend intended parents work with experienced surrogacy professionals like Giving Tree Surrogacy and their network of surrogacy attorneys in New Mexico.

Happy Family Building!


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