State-by-State Surrogacy Laws: Surrogacy in New Mexico
New Mexico has just one surrogacy-related statute on the books: New Mexico Statutes Chapter 40. Domestic Affairs § 40-11A-801. § 40-11A-801 states that surrogacy agreements are neither authorized or prohibited. From a legal standpoint, it appears the state is surrogacy-neutral. As surrogacy is not prohibited – a stance reinforced by statute, a surrogacy journey is not only possible in the state, but there are a plethora of children born via surrogacy living in New Mexico today.
Traditional surrogacy (where the surrogate uses her own egg(s)) is permitted in the state, however, traditional journeys must follow the states adoption laws, including prohibiting compensation. Any surrogates who want to do traditional journeys in the state must do so on a compensation-less, altruistic-only basis. Establishing legal parentage under traditional surrogacy in New Mexico is also a complicated process and follows the state’s strict adoption-related protocols. Because of restrictions with respect to traditional surrogacy specifically, traditional surrogacy is infrequently practiced in the state.
The surrogacy process can seem daunting at first as you start to explore the ins and outs of a surrogacy journey. With the help of your trusted attorney (a must for any surrogacy journey), you can complete the process with minimal stress while following all ethical and legal protocols. The information below can be a valuable reference regarding things to keep in mind as you consider surrogacy in the Land of Enchantment. This is especially important if this is your first time researching the process behind surrogacy. Always discuss your options with a surrogacy-knowledgeable and licensed attorney and, if you’re an Intended Parent, your Reproductive Endocrinologist. It’s imperative that you get professional advice that addresses your unique situation and specific needs.
If you need help finding an attorney, check out Surrogacy Place’s directory to see if your state has a listed recommendation.
Can you undergo a surrogacy journey in New Mexico? Is commercial surrogacy permitted?
Yes. Gestational surrogacy is allowed and there are no restrictions on the compensation a surrogate can receive for the risk to her health and for the time and energy she puts into surrogacy. Speak to an attorney licensed in the state of New Mexico to learn more.
Is it possible for Intended Parents match with a surrogate without an agency?
Yes. This is an option everywhere commercial surrogacy is permitted. There are individuals that need a surrogate and surrogates themselves who have a wide variety of reasons why they prefer not being tethered to an exclusive agency contract. Your lawyer and trusted medical professionals can guide you on how to meet all the requirements – there’s very little heavy lifting when doing a journey on your own.
Who can utilize a surrogate in New Mexico?
All individuals are treated the same under the law in New Mexico, therefore anyone who needs a surrogate is eligible. Pre-birth orders are widely available and accessible to all types of Intended Parents, though single individuals may have more hurdles with respect to establishing their parentage. In cases where there’s no genetic link to the child(ren) (e.g. when using an embryo donor), whether a pre-birth order is granted may depend on specific judges. A lawyer licensed in New Mexico can provide more insight with respect to your specific circumstance.
How Can I Become a Surrogate in New Mexico?
The first thing you need to do is evaluate whether you’re truly qualified. We’ve created a short quiz to help you learn some of the basic general requirements.
Some of the typical qualifications surrogates must meet to qualify:
- Be older than 21 and usually younger than 43 in age.
- Have excellent health overall including a healthy BMI as determined by medical professionals i.e. the Intended Parent(s) Reproductive Endocrinologist.
- Have carried at least one pregnancy to term without any significant complications.
- Are a mom with at least one child you have raised/are raising.
- Not taking any medications where pregnancy is a contradiction including anti-depressants.
- Not on government assistance and must have long term, secure housing.
- Are organized and conscientious about following doctor’s orders and medical protocols.
- Are not a recreational drug abuser and are willing to forgo drugs/alcohol during pregnancy.
If you meet all of these qualifications, congrats – you are likely ready to match with Intended Parents. Make sure you know what criteria is important to you as you look for matches. Are you looking for local parents? Do potential matches align with your values and pregnancy protocols and birth plans? Do you know what compensation you’re looking for?
After a period of matching (it’s recommended that you interview several candidates), you’ll pick your match and legal contracts will be finalized. Following the finalization of a surrogacy agreement, you’re ready for embryo transfer. With good luck and the miracle that is the science behind assisted reproduction, a pregnancy will result!
Here are some steps towards becoming a gestational surrogate.
Want even more info to help decide if you’re ready? Check out this overview.
Are you searching for a surrogate match in New Mexico?
You’re in luck as Surrogacy Place has a platform just for you. Our uniquely designed platform was created for surrogates and Intended Parents to match with each other based on individual requirements and preferences. If you are on the hunt for surrogates or Intended Parents located in New Mexico (or elsewhere), we have the tools you can use to specifically search by location.
Surrogacy Place’s platform is always free for surrogates while Intended Parents pay a small subscription fee. If you want to create an account and get started, head to our sign-up page.
A conversation about some of the biggest advantages of doing an independent journey vs using an agency
As expected, at the top of the list for Intended Parents is the significant cost savings. Sometimes these savings can mean higher compensations for surrogates. Going independent also allows matching to happen faster and with a wider pool of candidates. Interviewing many candidates allows surrogates and Intended Parents to find their perfect match without compromising on things that are important to them. Independent journeys can also lead to closer relationships between surrogates and Intended Parents as communication is direct and not through an agency coordinator. Instead of being at the mercy of who an agency has in their database (which can be a small number – most agencies are not transparent about their numbers), independent journeys allow those exploring a surrogate journey to meet a broad number of potentials.
Here’s some surrogate-specific reasons why independent matching is often preferred.
What should Intended Parents budget for surrogacy? Here’s an expected costs guide.
Looking outside of New Mexico? We now have our surrogacy by state resources page.
