Judicial Sentence

This is the resolution issued by a judge that legally recognizes the filiation (kinship) of the babies born by surrogacy, establishing the intended parents as the sole holders of parental rights. Its objective is to protect the rights of all involved (surrogate, Intended Parents and the doctor responsible for the creation and implantation of the embryos) and is mandatory to register the minors in the Civil Registry. The importance of a court judgment in surrogacy lies in two main things the focus of that judgment and the timing when it is obtained. Because if the timing and approach are not adequate, a court ruling on surrogacy can affect or slow down the outcome of the process and the intended parents’ departure from the country with their baby.

When we talk about the approach of a judicial sentence in surrogacy in México:

In order to obtain the judicial sentence in surrogacy, a lawsuit called amparo trial is filed or for foreigners, we can mention it only for reasons of better understanding as a trial for protection of rights.

This amparo trial has a main focus and for surrogacy purposes, there can be two.

1.-To sageguard the best interest of the minor (Baby) to have a name and a last name.

This procedure is presented once the baby is already born. In such a way that.

• All legal proceedings with the authorities begin after the birth of the baby. And as long as the trial takes, the baby will not have a birth certificate.
• During the time of the process, the intended parents are not legally protected, since no authority legalizes or protects anyone in this process, because no authority has been informed of the case.
• The trial for the name begins when the child is already born, so that obtaining the birth certificate can take months.
• If the intended parents are from a country where surrogacy is not supported or their consulate in Mexico does not provide passport and nationalization services, they will wait 45 working days to obtain the mexican passport, which is the time for all foreigners. These days are in addition to the time it takes to obtain the birth certificate.
• If the judge decides to give a name and surname to the baby born by surrogacy is not obliged to be the surnames of the intended parents and could be that of the surrogate. (Very rare cases, but it has happened).

This is a possible method but no Corporativo GSM company does it this way, since the risks of any error, emergency, non-conformity are very high and the cost is only assumed by the intended parents.

Therefore, although this method is POSSIBLE for some agencies or law firms, FOR US IT IS NOT AN OPTION, we have never done it this way and we do not recommend it either.

2.- To safeguard the reproductive rights of the intended parents, applying Mexican law to foreigners without any type of discrimination.

• The entire legal process begins before having a surrogate mother.
• The focus of the lawsuit is to protect the reproductive rights of the intended parents, asking the judges to apply the Mexican surrogacy law.
• From the moment the amparo lawsuit is filed, all parties (intended parents, surrogate, and the doctor) are legally protected, since the embryo is not transferred until the judge rules on the legality of the process.
• The judge rules that the intended parents are declared the genetic biological parents of the embryos to be implanted and, consequently, must bear their last names, starting before the embryo is implanted in the surrogate mother.
• The time it takes to obtain the birth certificate can be within the hospital itself on the day of the baby’s birth or no later than 5 business days.
• This type of ruling favors the transfer of nationality from any country.

Therefore, our company only carries out legal proceedings with a court ruling before the embryo is implanted, providing all involved with the greatest legal certainty that any country can offer in surrogacy processes.