Legality of Surrogacy in New Mexico
Even though there are no surrogacy laws in New Mexico, it’s still a legal way to grow your family there. Pre-birth orders are granted in the state of New Mexico with both intended parents named on the initial birth certificate.
There are no specific minimum requirements for surrogates under New Mexico law, but we still impose our stringent background check and psychological screening requirements on all of our surrogate candidates.
After your surrogate is cleared by your IVF clinic, it’s legal contract time. Your attorney will draft up the contract, in compliance with the specific New Mexico requirements, and go over it with you in detail. Your surrogate’s attorney will then review the contract with her. Once everyone agrees on the final contract language, the contract gets executed (a fancy word for “signed”). And you are good to go for embryo transfer.
A few months later, generally during the second trimester of the pregnancy, the lawyers will prepare paperwork for the parentage order from the court. This parentage order will secure your legal rights and direct that only your name be placed on the baby’s birth certificate.
Your birth certificate will be mailed to you a few weeks after the birth (if you need the birth certificate sooner, we can help have it expedited for you, or help you figure out where to pick it up in person).