Surrogacy Laws in New Mexico

Fast Facts

• Is New Mexico a surrogate friendly state: Yes, for married intended parents. It depends on the judge for unmarried and single intended parents.
• Can Parent(s) obtain a birth order without an adoption: Yes for married intended parents. It depends on the judge for unmarried and single intended parents.
• Can birth order be obtained without a genetic connection to Child: Yes for married intended parents. It depends on the judge for unmarried and single intended parents.

Summary of New Mexico Surrogacy Law

New Mexico does not have a law that prohibits surrogacy. New Mexico by statute, NM Stat. Ann. §40-11A-801, declares that Gestational Carrier Agreements are neither expressly permitted or prohibited under New Mexico law. Nevertheless, New Mexico is a surrogate friendly state because courts have regularly recognized gestational carrier surrogacy arrangements and have provided pre-birth orders for married intended parents, declaring married intended parents as the legal parents of the child/ren. However, in terms of unmarried and single intended parents, it will depend on the county as to whether they will be able to obtain a birth order to establish their parentage without an adoption.