This section provides an overview of surrogacy, including its definition and different types. It explains the distinction between traditional and gestational surrogacy and highlights the legal implications and requirements associated with each type in Mexico.
In this section, we delve into the legal landscape of surrogacy in Mexico. We discuss the specific laws and regulations that govern surrogacy arrangements, including the rights and obligations of intended parents and surrogates. We also explore the role of legal contracts and the importance of working with experienced surrogacy attorneys to ensure compliance with the law.
Here, we outline the eligibility criteria and requirements for intended parents in Mexico. We cover aspects such as age restrictions, marital status, medical evaluations, and psychological assessments. We also discuss the importance of preparing the necessary documentation and fulfilling the requirements set by the Mexican authorities.
This section explores the different options available for finding a surrogate in Mexico. We discuss the role of surrogacy agencies, their services, and the benefits of working with a reputable agency. We also provide insights into independent surrogacy arrangements, highlighting the considerations and challenges associated with this approach.
Here, we delve into the medical process involved in surrogacy in Mexico. We explain the various stages, including the screening of both intended parents and surrogates, the in vitro fertilization (IVF) procedure, and the pregnancy itself. We also discuss the importance of medical professionals and clinics experienced in reproductive medicine.
This section provides an in-depth analysis of the financial considerations involved in surrogacy in Mexico. We discuss the average costs associated with surrogacy, including legal fees, medical expenses, compensation for the surrogate, and other related costs. Additionally, we touch upon the importance of insurance coverage to mitigate financial risks.
In this section, we explore the cultural perspectives and ethical considerations surrounding surrogacy in Mexico. We examine how cultural values, beliefs, and societal attitudes shape the perception of surrogacy within the country. We also address the ethical implications and potential challenges, emphasizing the importance of respectful and culturally sensitive practices.
Support and counseling are crucial components of the surrogacy journey. In this section, we highlight the importance of emotional and psychological support for intended parents and surrogates. We discuss the role of surrogacy support groups, counseling services, and the benefits of professional guidance throughout the process.
In conclusion, surrogacy in Mexico involves navigating a complex landscape of laws, regulations, cultural perspectives, and ethical considerations. This comprehensive guide has provided valuable insights into the legal, cultural, and practical aspects of surrogacy in Mexico. By understanding these factors, intended parents and surrogates can make informed decisions and navigate the surrogacy process with confidence.
Today, there are literally hundreds of online resources which contain information on Mexican law (and related subjects) with varying degrees of authoritativeness, accuracy and accessibility.
The prolific and varied universe of Mexican law freely available on the Internet may fall into these major categories:
Official and legal information on Mexican legal materials provided by Mexico’s Federal Government. This is the most reliable, accurate and authoritative source;
Information provided by each of Mexico’s thirty-one States (ranging alphabetically from Aguascalientes to Zacatecas). Most of it tends to be of an administrative and promotional nature rather than legal;
Mexican academic information from UNAM’s (National Autonomous University of Mexico) Legal Research Institute. Rich, varied and comprehensive information on the most important Mexican legal subjects, disciplines and materials;
Information provided by U.S. governmental, research and academic institutions. It is varied, qualitatively uneven and a bit repetitive; and
Surfing the Internet looking for the best web sites on Mexican law may take long hours in front of a computer without any guarantee of finding the right answer to a Mexican law inquiry. Thus, searching for the desired or needed information may be a taxing and sterile effort, especially when one considers that most Internet sites purporting to provide information on Mexican law tend to be of a mediocre quality, with poor English translations, and legal texts that are incomplete, outdated, inaccurate, and usually have no reference to any legal source.
This electronic guide has been prepared to assist anyone interested in having prompt and expeditious access to the best Internet web sites on Mexican law. These web sites are considered to be “the best” because the legal information contained in them is accurate, reliable, relatively current and authoritative, based upon the prestige and reputation of the sponsoring entities. These entities are government agencies and major academic institutions from Mexico and the United States.
Although surfing the Internet in search of domestic and foreign legal information has become a preferred strategy among law students and legal practitioners, as far as Mexican law information is concerned, it should be noted that printed materials published by reputable companies in the United States2 and Mexico3 continue to be the best and most authoritative sources of Mexican legal materials.
Mexico’s contemporary legal system emerge as a result of the 1910 revolution and the subsequent promulgation of its Federal Constitution on February 5, 1917 (entering into force three months later). Although historically influenced by the legal systems of Spain, France, and the United States, Mexico has been able to structure and maintain a distinct legal system that incorporates truly unique Mexican components. Let it suffice to mention these leading examples: the institution of “Amparo,” established to protect the constitutional rights of individuals and companies against violations from public authorities; the notion of “social rights” found in Article 123 of the Constitution enumerating the rights of workers as a social class; and the collective land tenure system of the “Ejido,” whose original objective was altered by an amendment to Article 27 of the Constitution in 1994.
Mexican Real Estate LawMexico’s territorial area is about three times the size of Texas (almost two million square kilometers or 761,600 square miles), inhabited today by 104 million Mexicans (Mestizos 60%, Indian 30%, Other 10%). Although this country is endowed with important and varied natural resources, about 53% of the Mexican population lives in poverty (including all of the fifty-six Indigenous ethnic groups, many of them living in abject poverty). Mexico’s treatment of its Indigenous populations and a devastatingly unfair distribution of national wealth constitute two of its major social and economic problems.
Unlike the United States, Mexico has no jury trials; no application of the principle of stare decisis; no class action suits; no Bar Exam for Mexican attorneys; no professional regulation of attorneys by state or local Bar Associations; no discovery; no elected judges; legal education is at the undergraduate level and consists of five years; and “notaries” (Notarios Públicos).
Mexico is undergoing a process of modernizing its legal system, especially in the areas of foreign investment, commercial transactions and international trade. As a result of the substantial increase of business and trade since NAFTA became effective in 1994, certain Mexican legal areas, which were under the exclusive control of the Federal Government, are now being updated and privatized. This closer commercial relationship recently developed by Mexico with the United States has led some commentators to suggest that the Mexican legal system is being subject to a gradual but pervasive process of “Americanization.”
Patterned after the United States, Mexico is a federal republic, representative and democratic, composed of thirty-one free and sovereign states in matters regarding their internal regime but united in a federation pursuant to the Federal Constitution (Art. 41, Fed Const.). The “Supreme Power of the Federation” is divided into three branches: the Legislative, the Executive and the Judicial (Art. 49, Fed. Const.).
The Legislative is deposited in a General Congress, divided into two chambers: one of Deputies (Diputados) and the other of Senators (Senadores). The Chamber of Deputies is formed of 500 members elected in totality every three years (last election: July 6, 2003). The Senate is formed of 128 members, renewed in totality every six years. Both deputies and senators are inviolable for their opinions (Arts. 51, 52, 56 and 61, Fed. Const.).
The Federal Congress is responsible for all the acts and regulations that govern the commercial and business activities of foreign investors and entrepreneurs in Mexico. Most of these legislative enactments are generated in the Executive. Congress has exclusive and broad authority to legislate in a very large number of areas, both in substance and scope (Art. 73, Fed. Const.).
The “President of the United Mexican States” is the head of the Executive. The President is directly elected by the citizens of Mexico as mandated by the electoral laws. He initiates his office on December 1, and remains if office for six years. Mexico has no Vice-President. In Mexico, the principle of “no reelection” is of paramount importance and applies to all public officials at the federal and state levels (Arts. 80-81, Fed. Const.).
The “President of the United Mexican States” is the head of the Executive. The President is directly elected by the citizens of Mexico as mandated by the electoral laws. He initiates his office on December 1, and remains if office for six years. Mexico has no Vice-President. In Mexico, the principle of “no reelection” is of paramount importance and applies to all public officials at the federal and state levels (Arts. 80-81, Fed. Const.).
The President appoints the eighteen members (Secretarios de Estado) of his presidential cabinet. He has the exclusive power to conduct Mexico’s foreign affairs in accordance with the explicit “normative principles” enunciated by the Federal Constitution (Art. 89, paras. II and X, Fed. Const.). The Executive is responsible for a large percentage (more than 80%) of the legislative bills submitted to Congress.
During a period of seventy-one years, Mexico’s presidential elections were systematically won by the candidates of Mexico’s official party: PRI (Revolutionary Institutional Party). This undemocratic status changed in July 2000 when the presidential candidate of the major opposition party, PAN (National Action Party), Vicente Fox Quesada, was elected. Federal elections in Mexico are controlled by the IFE (Federal Electoral Institute) formed by representatives of all the officially authorized political parties. Today, Mexico has eleven political parties; the following three carry the most power and influence: PAN, PRI and PRD (Party of the Democratic Revolution). Presidential elections will next be held in July 2006.
The “Judicial Power of the Federation” is vested in the Supreme Court of Justice, the Electoral Tribunal, the Collegiate and Unitary Circuit Tribunals, and the District Courts (Art. 94, Fed. Const.). The Organic Act of the Judicial Power regulates the activities of the Judicial Power of the Federation.
The Supreme Court is composed of eleven Justices (Ministros) who function in Plenary sessions (En banc) and in Chambers (Salas). The President submits a list of three candidates to the Senate when there is a Supreme Court vacancy. Each Justice serves for fifteen years and may only be removed as provided by the Federal Constitution in Title IV: Responsibilities of Public Servants (Arts. 108-114, Fed. Const.).
The Federal Council of the Judiciary, with the exception of the Supreme Court, is empowered to administer, supervise and discipline the Judicial Power of the Federation.
Federal courts are exclusively empowered to exercise jurisdiction over “Amparo” cases, as directed by a reglementary federal statute derived from Articles 103 and 107 of the Federal Constitution: the Amparo Act (D.O. of January 10, 1936, as amended).
Each of the thirty-one states has its own civil and criminal courts, organized in accordance with the respective State Judicial Power Act. At the local level, appellate cases are decided by a Superior Tribunal of the State, formed by three Magistrates and located in the state capital, which is the venue of the state powers.
Cases decided by these courts apply “the law” enunciated in the State codes, containing both substantive and procedural laws, which closely resembles in substance and format the corresponding federal codes.
Federal and State courts suffer a multitude of grievous problems. These problems include: corruption of judges and administrative personnel; inefficiency and incompetency of judges and personnel; lack of sufficient and modern technical equipment due to very limited budgets; and inadequate installations. Federal judges and courts are the best and most efficient, with relatively larger budgets and modern technical equipment, due in large part to the excellent work of the Council of the Federal Judiciary.
This Code is composed of 263 Sections (Articles) that range from rights and obligations of tax payers, power of tax authorities, violations and fiscal crimes to administrative appeals, challenging of fiscal summons, and the procedure for impounding assets. It also governs the procedure to be followed in suits before the Federal Tribunal of Fiscal and Administrative Justice (Tribunal Federal de Justicia Fiscal y Administrativa), which is Mexico’s highest tax court.
This official gazette may also be reached through: www.precisa.gob.mx, which is the general web site providing access to the Secretariats of State (SecretarÃas de Estado), administrative departments and other federal agencies compose Mexico’s Federal Public Administration.
Mexico’s Secretariat of the Interior (SecretarÃa de Gobernación or Segob) is the most politically active and the most administratively powerful entity of Mexico’s Presidential cabinet. Under the PRI’s dominance, the Secretary of the Interior was the natural candidate to succeed the President of the Republic at the end of his six-year term. Segob’s possible counterparts in the United States would be formed by the combined powers of: the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA).
Segob is empowered to exercise control over national security, domestic political activities at the national and state levels, internal and international migration, legislative bills signed by the Federal Executive, religious affairs, admission and expulsion of foreigners, freedom of the press, radio and television, etc. In addition, Segob is empowered “to publish the statutes and decrees enacted by the Congress of the Union, either of its two Chambers, [of Deputies and of Senators] or by the President of the Republic.” This is done by administering, organizing and publishing the Official Gazette of the Federation (Diario Oficial de la Federación) generally recognized by its acronyms: D.O. or D.O.F.), which may be compared to the FEDERAL REGISTER in the United States.
The D.O.’s official web site gives access to the best Mexican law information since the legislative texts in this site are officially provided by the Government of Mexico; taken verbatim from Mexico’s Diario Oficial. Pursuant to the Federal Civil Code, for any statute, regulation, etc., or any other enactment of general observance, to be legally binding throughout the Republic of Mexico they must appear in print and be published in the D.O. The texts of these federal statutes, codes, regulations, international treaties and conventions as approved by the Mexican Senate, etc., which are available on this web site are official and authoritative.
Any federal legislative enactment may be found in the Diario Oficial with the date of their respective publication. Accordingly, in Mexico it is customary to give the title of each legislative enactment followed by the date of its publication in the D.O. At the end of each legislative enactment, both at the federal and state level, in the section titled: ArtÃculos Transitorios (Transitory Articles or transient provisions), the reader will find the specific date of the entering into force of the enactment in question.
As described above, most of the business and commercial activities conducted by foreign investors and foreign companies in Mexico are governed by federal statutes and corresponding regulations. It should be added now that the monitoring and enforcement of these statutes and regulations corresponds exclusively to the Federal Executive Power through its federal agencies (SecretarÃas de Estado or Secretariats of State), and administrative departments.
These federal agencies and departments constitute Mexico’s centralized public administration, whose jurisdiction, administrative powers, duties and responsibilities are enunciated in the Federal Public Administration Act (D.O. of December 29, 1976, as amended). Mexico’s presidential cabinet is formed of eighteen Secretariats (federal departments or agencies), and the Office of the Legal Counsel to the Federal Executive.23
The complete and current text in Spanish of Mexico’s Federal Constitution is available on this web site: Legislación Federal de México: www.cddhcu.gob.mx/leyinfo
Mexico’s current Federal Constitution resulted from the popular and violent revolution initiated in 1910, which led to the emergence of contemporary Mexico. From a substantive viewpoint, the fundamental law of Mexico was inspired by the content and structure of the U.S. Constitution.
This influence is eminently clear in two parts of Mexico’s fundamental law: first, in the initial part, which enunciates the constitutional rights, as the Individual Guarantees or GarantÃas individuales. Second, in the organic part establishing a form of government divided into three major branches: the Executive (Ejecutivo, Articles 80-93), the Legislative (Legislativo, Arts. 50-70, Fed. Const.), and the Judicial (Judicial, Arts. 94-107, Fed. Const.) which closely parallels the U.S. political system.
However, the format and length of Mexico’s Constitution emulates the European models (in particular those of Spain and France). Its text is composed of 136 Articles (or sections) divided into two major parts: (1) the dogmatic part formed by the express enunciation of the constitutional rights that limit the power of the State vis à vis individuals or groups (Arts. 1-29, Fed. Const.); and (2) the organic part which refers to the structure of the public powers and their respective jurisdictions (Arts. 49-107 and 108-114, Fed. Const.).
Unlike the U.S. Constitution, the fundamental law of Mexico may be characterized as programmatic and aspirational. It is programmatic because the body of the Constitution has been traditionally used as a political platform by the President to in turn publicize his personal presidential program and to reflect the public policies he is politically bound to implement during his six-year term. It is also aspirational because a number of its provisions do not reflect Mexico’s current reality. Rather, these provisions advance certain objectives or goals that the Mexican people, with their unity, industry and collective effort, aspire to accomplish or materialize in the near future.
The Federal Constitution occupies the apex of Mexico’s legal pyramid. It has been amended some 450 times since it was enacted eighty five years ago (D.O. of February 5, 1917). In recent years, the idea that Mexico should have a more modern and new Constitution has attracted special attention in political, legal, academic and business circles.
From a legal perspective – independently of its political and historic importance—the Constitution of Mexico may be of practical interest to foreign investors, foreign companies and foreign legal practitioners for two reasons: first, many constitutional provisions directly affect the presence of U.S. nationals in that country and the conduct of business and commercial operations by U.S. and other foreign companies within the territory of the Republic of Mexico.
For example: Article 1 provides – unlike the United States – that in Mexico the constitutional rights are enjoyed “by any individual,” whether a Mexican national or a foreigner. Articles 14 and 16 guarantee due process in judicial proceedings and the right of any person not to be unduly molested in his/her family, home, documents or possessions, except by judicial order of a competent authority. When these constitutional rights are violated, Articles 103 and 107 of the Federal Constitution guarantee the right to be protected via “Amparo.” Article 73 enumerates the exclusive powers of Congress to impose taxes and legislate in a number of federal areas, all of them affecting the commercial activities of foreign investors in that country. Article 33 prescribes that federal agents have the exclusive power “to make abandon the national territory, immediately and without any trial, any foreigner whose presence is deemed inconvenient.”
The second reason is that numerous provisions of Mexico’s Constitution have served as the legal basis for enacting more detailed federal legislation on a particular subject. These are known as “Leyes Reglamentarias.” This is the case, for example, of Article 27, which establishes the legal regimes applicable to public and private property, and to the utilization of mineral and natural resources, in particular oil. Article 123, which generated the Federal Labor Act and governs all labor relationships in Mexico, including collective contracts, unions, workers’ compensation, labor courts, and labor procedure.
Originally enacted in 1928 as the local code for the Federal District on ordinary matters and for the entire Republic of Mexico on federal matters (D.O. of March 26, 1928), a special Federal Civil Code was recently enacted by the Federal Congress (D.O. of May 29, 2000), as amended.
Mexico is a federal, democratic and representative republic, composed of thirty-one free and sovereign states in matters regarding their internal order but united in a federation established pursuant to the principles set forth by the Constitution (Art. 40, Fed. Const.). The national sovereignty rests with the people who exercise said sovereignty through the Powers of the Union in cases within their jurisdiction, and through those of the states in matters that relate to their internal affairs, under the terms established by the Federal Constitution, and those of the State, respectively (Art. 41, Fed. Const.).
Mexican Real Estate LawPrior to 2000, the federal government exercised for decades an almost omnipotent power, to the detriment of the autonomy of the States and their municipal governments. During President Vicente Fox’s administration (2000-2006), an effort to enhance the true notion of federalism seems to be underway in an attempt to bring back a less asymmetrical relationship between the federal government and the states.
Mexico’s federal constitutions of 1824 and 1857 were clearly inspired by the U.S. Constitution. In turn, the federalist notions present in these two leading constitutional documents influenced the debates and the content of Mexico’s current Constitution of 1917.
www.presidencia.gob.mx is the electronic portal in Spanish of the Presidency of the Republic. By clicking on the picture of the world, information in English and French is made available.
In Mexico the Executive Power is in the hands of the President of the Republic. The President is freely elected for a six-year, no re-election period, by the direct vote of Mexican citizens who have attained 18 years of age and have an honest way of living (Arts. 34-35, Fed. Const.). The presidential elections are organized and controlled by the Federal Electoral Institute, and controversial electoral issues are decided by an Federal Electoral Tribunal of the Federal Judicial Power, established in 1990.
The powers and obligations of the President of Mexico – as expressly enunciated in Article 89 of the Federal Constitution—closely parallel those of his counterpart in the United States.
When the respective Presidency of these two countries are compared, these may be the most salient differences between them: (1) the Mexican President, to run as a candidate for that position, must be a Mexican citizen by birth, “the son” [sic] of Mexican parents, and must have resided in Mexico “at least during twenty years,” including the year immediately preceding the presidential election (Art. 82, paras. I and III, Fed. Const.); (2) the Mexican President occupies that high office for a six-year term (starting on December 1 of the election year) and cannot be re-elected (Art. 83, Fed. Const.); (3) in the conduct of Mexico’s foreign affairs, the Mexican President shall observe these “normative principles”: (a) the self-determination of peoples; (b) the proscription of the use of threats or force in international relations; (c) the legal equality of nation-states; (d) international cooperation for development; and (e) the struggle for peace and international security (Art. 89, para. X, Fed. Const.); and (4) the Mexican President, in filling up a vacancy for a Supreme Court justice (Ministro de la Suprema Corte de Justicia de la Nación), must submit to the Senate the names of three candidates for the Senate to choose one among them (Art. 89, para. XVIII, Fed. Const.).
After the long period of seventy-one years during which the candidates of the Revolutionary Institutional Party (Partido Revolucionario Institucional or PRI) exercised an absolute monopoly over presidential elections, this undemocratic situation changed in 2000 when Vicente Fox Quesada, the candidate of the opposition party Partido Acción Nacional (National Action Party or PAN), defeated the PRI candidate and became the President of Mexico. This unprecedented change in Mexico’s political regime is still producing both predictable and unanticipated consequences in Mexico’s political, legal, and socio-economic arenas.
After the long period of seventy-one years during which the candidates of the Revolutionary Institutional Party (Partido Revolucionario Institucional or PRI) exercised an absolute monopoly over presidential elections, this undemocratic situation changed in 2000 when Vicente Fox Quesada, the candidate of the opposition party Partido Acción Nacional (National Action Party or PAN), defeated the PRI candidate and became the President of Mexico. This unprecedented change in Mexico’s political regime is still producing both predictable and unanticipated consequences in Mexico’s political, legal, and socio-economic arenas.
In sum, the presidential victory of PAN in 2000, as it is now reflected in the administration of President Vicente Fox, is profoundly transforming not only the traditional powers and the role of the Executive Power in Mexico but, more importantly, is changing the country itself. For political and legal observers it is clear that the so-called “Meta-Constitutional Powers” enjoyed by the President of the Republic during the PRI era, are now being seriously questioned and subjected to what may be described as a cautious but methodical diminution to make them fit within the explicit parameters prescribed by the Federal Constitution. In other words, the political and legal contours of the President of Mexico are in the process of being transformed and re-defined.
This power is vested upon a General Congress, divided into two Chambers, one of Deputies (Diputados) and the other of Senators (Senadores) (Art. 50, Fed. Const.). At the opening of Congress, on September 1st of each year, the President of Mexico submits a written report describing the general state of the country’s public administration (Art. 69, Fed. Const.) analogous to the U.S. State of the Union Address.
The General Congress has annual ordinary and extraordinary sessions (Art. 65, Fed. Const.). There are two periods of ordinary sessions: the first runs from September 1st to December 15th; and the second from March 15th to up to April 30th (Art. 66, Fed. Const.). Extraordinary sessions take place when convoked by the Permanent Commission (Comisión Permanente) to discuss a specific matter (Art. 67, Fed. Const.).
The Chamber of Deputies is composed of 500 representatives of the country elected in their entirety every three years. Of this total, 300 are elected under the principle of relative majority vote (Principio de votación mayoritaria relativa) through the system of individual electoral districts (Distritos electorales uninominales), and 200 under the principle of proportional representation (Principio de representación proporcional) through the system of regional electoral lists (Listas regionales votadas en circunscripciones plurinominales) (Arts. 51-52, Fed. Const.). The election of these 200 deputies is subject to special electoral rules (Art. 54, Fed. Const.). The last election of Congress took place on July 4, 2003. A deputy cannot be re-elected for the immediately succeeding term.
The Senate is composed of 128 senators (Art.56, Fed. Const.) elected for a six-year term renewed in its entirety every election. Thus, there are four senators for each state (thirty-one) and for the Federal District (one). Out of this total of 128, two are elected for each state and the Federal District by relative majority vote; a third one goes to the largest political minority; and a fourth one is given based on the principle of proportional representation (Art. 56, Fed. Const.) A senator cannot be re-elected for the immediately succeeding term.
Any resolution passed by Congress acquires the category of a law or decree (Art. 70, Fed. Const.). Under Mexican Constitutional Law, (1) the President of the Republic, (2) federal deputies and senators, and (3) the State legislatures, have the right to submit legislative bills to Congress (Art. 71, Fed. Const.). Both the Chamber of Deputies and the Senate have exclusive powers to legislate in certain areas.
This web site can also be accessed through: www.precisa.gob.mx by searching for: “Suprema Corte de Justicia” or “Suprema Corte.”
Pursuant to the Federal Constitution, the exercise of the Judicial Power of the Federation is vested in four entities: (1) a Supreme Court of Justice; (2) an Electoral Tribunal; (3) Collegiate and Unitarian Circuit Courts; and (4) the District Courts (Art.94, Fed. Const.). Save for the Supreme Court, the administration, monitoring and disciplining of Judicial Power is conducted by the Council of the Federal Judiciary (Consejo de la Judicatura Federal), as regulated by the Federal Organic Act of the Judicial Power (Ley Orgánica del Poder Judicial de la Federación, D.O. of May 26, 1995).
The Supreme Court is composed of eleven Justices (known in Mexico as Ministros or ministers) and functions in plenary (En banc) or in Chambers (Salas), which is composed of five Justices (Art. 94). Every four years, the Justices elect a Chief Justice among themselves, who cannot be reelected for the immediately succeeding period. Justices are nominated by the President of the Republic in a list submitted to the Senate that contains the names of three candidates; the Senate, after hearing the candidates, makes a final selection (Art.96, Fed. Const.). Justices are appointed for fifteen years and may be removed only for serious cause.