Is Surrogacy Legal in New Mexico?

Surrogacy can be a controversial topic, and the laws vary in different jurisdictions. Surrogacy arrangements in New Mexico are neither explicitly allowed nor banned but are generally considered legal.

New Mexico gestational surrogacy law § 40-11A-701 governs surrogacy where the gestational carrier is not genetically related to the baby she is carrying.

What are New Mexico Surrogacy Laws on Pre-Birth Orders?

A pre-birth order is a court order that establishes the identity of a child’s legal parents before the child is born. Parents using a surrogate gestational carrier will often work with an attorney to seek pre-birth orders to overcome the presumption that the child belongs to the woman who gave birth.

Generally, courts in New Mexico grant pre-birth parentage orders to couples with a genetic connection to the offspring born through surrogacy. Couples without a genetic link may also receive parentage orders from the courts. Same-sex couples have the same legal rights as heterosexual couples.

Intended parents are advised to work with experienced legal counsel in the process. 

Are Surrogacy Agencies Legal in New Mexico?

Yes. Some intended parents and gestational carriers prefer to work with an agency to help them find a match, navigate the terms of a gestational carrier agreement, ensure insurance coverage for the gestational carrier, and oversee any payments made to the gestational carrier for medical expenses.

Do Egg, Sperm, or Embryo Donors Have Parental Rights?

New Mexico statutes specify that egg, sperm, and embryo donors are not the parents of children conceived by assisted reproduction. Intended parents who use donors and obtain parental orders receive parental rights.

How Does the Legal Process and Surrogacy Agreement in New Mexico Work?

Surrogacy laws in New Mexico do not explicitly regulate how gestational carrier contracts should be drafted. Therefore, it is in the best interest of all parties to obtain a skilled attorney.

A knowledgeable lawyer will create a legal agreement that protects all parties and delineates the terms so that they stand up in a court of law. Terms should include:

• Potential compensation
• Responsibilities and rights of all parties
• Possible risks for all parties
• Expectations of all parties before, during, and after the surrogate process

Work with Legal Advisors Who Understand the Surrogacy Process

Contact us at Batley Family Law for guidance and assistance with the surrogacy process. We will be happy to help you find equitable solutions for all involved.