Gestational Surrogacy Regulations in New Mexico

Overview

Gestational Surrogacy contracts are neither permitted nor prohibited under N.M. Stat. Ann.
40-11A-801.

Intended Parents

Age requirement:
18 years of age or older
Marriage requirement:
No
Married heterosexual couple:
Yes
Married same-sex couple:
Yes
Unmarried heterosexual couple:
Yes
Unmarried same-sex couple:
Yes
Resident status:
No*
Independent legal counsel:
Yes

Gestational Surrogates

Age requirement:
18 years of age or older
Marriage requirement:
No
If married/partnered:
husband’s/partner’s sperm cannot be used
Surrogate status:
Gestational and Traditional Surrogacy
Resident status:
No*
Use of own embryos:
No
Independent legal counsel:
Yes
*as long as the IP(s) are residents of New Mexico, there is basis for venue in New Mexico. There is also basis for venue if the child is born in New Mexico * ´

Embryos

Intended Parents own sperm:
Yes
Intended Parents own eggs:
Yes
Intended Parents using sperm donor:
Yes
Surrogate status:
Gestational and Traditional Surrogacy
Intended Parents using egg donor:
Yes
Intended Parents using both egg and sperm donor:
Yes*

Birth of Child

Birth in New Mexico:
Yes
Birth outside of New Mexico:
Yes, however, discuss with your legal counsel

Pre-Birth Orders can be obtained by nearly any Intended Parent in any circumstances, with
the exception of single Intended Parents who may have trouble obtaining a parentage order
depending on the judge.

Parentage

Pre-Birth Orders:
Yes
Hearing to obtain Order:
No
Post-Birth Orders:
Yes

General Information

Will New Mexico Vital Records honor a Pre-Birth Order from another state:
Yes
What is the typical time frame to obtain a birth certificate after delivery:
2 weeks
How are same-sex parents named on the final birth certificate:
Parent and Parent
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier:
Yes
Can an international same-sex male couple subsequently obtain a birth certificate naming only the biological father or both fathers with no mention of the Gestational Carrier:
Yes

Second Parent and Stepparent Adoptions for New Mexico Residents:

*This situation typically arises if the child is born outside of New Mexico. The parents then return to New Mexico to obtain a second parent adoption or stepparent adoption in New Mexico. Please consult with your attorney on this matter if this issue is to arise*

Traditional Surrogacy in New Mexico?

*Traditional Surrogacy is not expressly prohibited in New Mexico. Please consult with a local attorney to determine if you can move forward with traditional surrogacy*
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Disclaimer - The information provided on these pages does not, and is not intended to, constitute legal advice; all content is for general informational purposes only and may not constitute the most up-to-date legal information, either. Please consult with an ART Lawyer for legal advice specific to your case.