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Surrogacy, ART and DNA Testing
9 MINUTE READ
June 17, 2021

Although surrogacy agencies/clinics claim surrogacy is legal in Mexico and actively promote Mexico as a destination for international commercial surrogacy, there is no legal framework for foreigners or same-sex couples to pursue surrogacy in Mexico. As a result, surrogacy agreements between foreign or same-sex intending parents and gestational mothers are not enforced by Mexican courts.

If you decide to pursue parenthood in Mexico via assisted reproductive technology (ART) with a gestational mother, be prepared for long and unexpected delays in documenting your child’s citizenship. Make sure you understand Mexican law, which recognizes the gestational mother as the child’s legal parent with full parental rights and mandates that the gestational mother be listed on the Mexican state-issued birth certificate. Be aware that individuals who attempt to circumvent local law risk criminal prosecution. Mexican authorities have made arrests stemming from surrogacy cases.

Information from the U.S. Department of State regarding whether a child born abroad via ART/ surrogacy may or may not have acquired U.S. citizenship at birth can be found at:  U.S. Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad

 

 

Step 1: Make Contact with the U.S. Embassy, Set Appointment Date and Arrange for DNA Kit Shipment

It is important to make contact with the U.S. Embassy as early in the process as possible so we can help guide you through the steps involved. Please complete application form DS-2029 (PDF, 174K) and email it to MexicoCityPassport@state.gov, for preliminary review by our staff. Please provide some information about your specific situation (i.e. U.S. citizen’s genetic relationship to the child, use of egg/sperm donor, clinic being used, baby’s due date, etc.). Please be assured we will treat all information you provide with discretion and sensitivity.

Step 2: Schedule an Appointment at the Embassy

Once the baby has been released from the hospital and you have the official Mexican birth certificate and all the other required documentation (click here (PDF, 235K) for a full list of documents) please contact the U.S. Embassy to schedule your appointment by emailing us at MexicoCityPassport@state.gov. Please notify us via e-mail if you need to re-schedule your appointment.

Step 3: Attend a Citizenship Interview

On the day of the appointment, you will come to the U.S. Embassy. Applicants should arrive at the ACS Unit 15 minutes prior to their appointment. You will go through an airport-style security screening process. For a list of items you may/may not bring with you, click here. Note you may be allowed to bring in small amounts of milk, baby formula, baby food, and diapers, all subject to inspection. If you plan to bring someone with you to help with the baby, please be sure s/he has photo identification to show the guards. Please be prepared to spend at least two hours at the Embassy. There are several documents required for your citizenship appointment:

When filling out the applications for the passport and CRBA, please provide the information of the genetically related parent, and, if named on the Mexican birth certificate, the second parent. Please be sure to bring supplemental documentation necessary to demonstrate that you have met the requirements to transmit U.S. citizenship. If only one parent is genetically related to the child, physical presence requirements will be based on sections of the law for out-of-wedlock births. We will also need to see the surrogacy contract as well as any relevant medical records. Please be aware that ART and surrogacy situations are complex and frequently require additional documentation.

For all other general CRBA requirements, please click here.

  • Passport application (DS-11PDF 89 KB)

A Social Security number (SSN) is required for this application. Since your child does not yet have one, please make sure to type 000-00-0000 to avoid difficulties when completing the form online. Please do NOT sign this form ahead of time.

  • Affidavit of Parentage, Physical Presence and Support (DS-5507PDF 136 KB)

This form is should be completed by the U.S. citizen parent(s) who is/are transmitting citizenship.

Step 4: Decision

The consular officer will inform you of the decision at the end of the interview. If you presented insufficient evidence to prove the biological relationship or your physical presence in the United States prior to the birth of the baby, you will be given instructions on next steps. If DNA is suggested, you will be given specific instructions at that time.

If approved, the CRBA and passports take approximately four weeks to arrive at your home in Mexico. If you live in the United States, you may pay for courier service for the delivery to your home there. If your travel is urgent, you may request the passport be printed same-day (or next-day).