Mexican Passport for Babies Born via Surrogacy: Timelines, Controversies & Key Requirements

For international intended parents, obtaining a Mexican passport for their baby born through surrogacy can be a critical step—but one often surrounded by confusion. In this article, we clarify when it’s needed, legal timelines, and the most common mistakes that can delay the process by months.

🛂 When Is a Mexican Passport Required?

A Mexican passport is ONLY necessary if:

⚠️ Your home country’s consulate (e.g., USA, Canada, Spain) does not immediately recognize the baby as a citizen.

⏱️ The nationality process at the consulate takes longer than obtaining the Mexican passport (which takes a maximum of 45 working days).

Example:

• U.S. parents: Use the CRBA (Consular Report of Birth Abroad) within 72 hours → No Mexican passport needed.
• Chinese/Russian parents: Their consulates take 3–6 months → Mexican passport is required to leave Mexico.
• Spain: This is not possible in México.

⏳ Legal Deadline: 45 Calendar Days

Mexico’s Foreign Affairs Ministry (SRE) is legally required to issue the passport within 45 calendar days if:

• The parents are not permanent residents of Mexico.
• The baby is born in Mexican territory (jus soli rule applies).

(Article 55 of the Mexican Nationality Law)

🔥 The Big Controversy: Avoidable Delays

Unfortunately, many agencies (not our legal team!) cause 4–6 month delays due to two major errors:

❌ Error #1: No Pre-Embryo Transfer Court Order
They start the parentage trial after the baby is born.
→ It takes 1–3 months just to obtain the birth certificate.

❌ Error #2: Confusing Paperwork Process
They assume the passport can be applied for alongside the birth certificate → FALSE!
→ The Mexican birth certificate with correct parentage must come first.

Result: Parents are stuck in Mexico for 120+ days with a newborn, paying for housing and extra legal support.

✅ GSM’s Proven Solution: Pre-Birth Court Order Protocol

Our method eliminates unnecessary delays:

Key benefit: You can fly home with your baby within 2–6 weeks after birth.

📜 Who Can Apply for a Mexican Passport?

ONLY the parents physically present in Mexico. You must appear in person at the SRE.

Your lawyer cannot apply on your behalf. What your attorney can do is prepare:

• The apostilled Mexican birth certificate
• The translated court ruling
• The completed SRE-11 form

The passport application requires baby’s fingerprints and official photos.

⚠️ Warning: Don’t Trust “Fast Passport” Promises

Be cautious if an agency claims:

• “You’ll get the passport in 10 days” → The SRE rarely meets this timeline.
• “Our lawyers can do it without you” → Legally impossible.

🌐 Strategic Recommendations

Before choosing a surrogacy agency in Mexico, ask for:

• A real copy of a pre-birth court order issued within the last 3 months.
• Testimonials from parents who received their baby’s passport or CRBA in 45 days or less.
• A contingency plan in case the SRE misses deadlines.

«92% of delays in Mexican passports happen due to missing pre-birth court orders. With our protocol, 100% of our clients have left Mexico before day 60 post-birth.»
— Surrogacy In México Legal Team

🚀 Ready for a Smooth Exit?

Avoid being stuck in Mexico for months. Our team guarantees:

• Nationwide-valid pre-birth court rulings.
• Guidance with all passport-related documents.
• Support in SRE appointments.