Surrogacy is a contract whereby a woman agrees to carry a baby in her womb for a person or couple who intend to act as its mother or father once it is born . The practice is also known as "surrogacy", "womb renting", "surrogacy for hire" or "surrogate motherhood", and there are different regulations around the world that permit or prohibit the practice.
In Mexico, the states of Tabasco and Sinaloa allow this type of contract, which can be paid or as a type of "gift" that is not financially compensated. Next, we will tell you a little more about surrogate motherhood, how this alternative of Assisted Reproduction works to have a baby and what is the current state of its legislation in our country.
In most surrogacy cases, to form the embryo, the gametes (egg and sperm) of the person who seeks to become their mother or father are used once the baby is born, although there are some cases in which the pregnant mother also contributes her genetic material with the support of egg donation, for example.
Fertilization and implantation of the embryo formed by the gametes is carried out by IVF. Once the child is born, the expectant mother must relinquish the rights to it and hand it over to the partner or person who will become its mother or father.
Article 4 of our country's constitution states: "Everyone has the right to decide freely, responsibly and in an informed manner on the number and spacing of his or her children". However, there is still no federal legislation regulating surrogacy, so there are states that allow it and others that do not.
Currently, two states in the country allow surrogacy (Tabasco and Sinaloa), while in the states of Querétaro, Coahuila and San Luis Potosí it is completely prohibited, but recently there has been some progress in regulating it.
On June 3, 2021, the Supreme Court of Justice of the Nation (SCJN) ruled in favour of regulating surrogacy The Supreme Court of Justice of the Nation (SCJN) ruled in favour of regulating surrogacy in the country, based on the codification of the Civil Code of Tabasco, leaving each state to decide whether to regulate the economic terms of this practice, or to let the surrogate mother and those who will act as the baby's father or mother decide on the agreement to carry out the practice.
Although there are states where "surrogacy" is allowed in the country, there is no adequately established legislative framework to protect those who make the decision to enter into a surrogacy arrangement, which can lead to multiple problems for all involved.
In the absence of complete regulation, different companies, clinics or health institutions can establish their own criteria for the practice of assisted reproduction, which opens up the possibility of all kinds of risks, including exploitation, violence or carrying out these procedures without medical, economic or social security.
There is much debate surrounding surrogacy today, both in our country and in the rest of the world; however, everything points to the fact that its regulation will continue to advance.
The Mexican State could make this practice free of charge, set conditions for payment or allow it to be resolved privately, between the people involved, and we could have federal legislation on this very soon, which would fully allow this practice in the next few years.
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