New Mexico Surrogacy Laws

There is no New Mexico case law or any statute that prohibits would-be parents from practicing gestational or traditional surrogacy in New Mexico. As a result, both traditional surrogacy and gestational surrogacy are practiced in New Mexico cities like Albuquerque and Santa Fe.

Laws Concerning Parentage Orders in New Mexico

New Mexico allows for its courts to grant pre-birth parentage orders. In New Mexico, the intended parents of a child conceived through assisted reproduction are recognized in law as the legal parents of that child as long as the intended parents, donors, and gestational carrier consent in a record prior to the placement of eggs, sperm, or embryos (N.M.S.A. § 40-11A-704.).

Egg and Sperm Donor Law in New Mexico

Under statute, New Mexico egg donors, sperm donors, and embryo donors are not the parents of a child conceived by means of assisted reproduction (N.M. Stat. § 40-11A-702.). A person who provides eggs, sperm, or embryos with the intent of becoming a parent or who consents to assisted reproduction with the intent to be the parent is a parent of any resulting child (N.M. Stat. § 40-11A-703).

New Mexico Stepparent and Second-Parent Adoption Law

New Mexico statute allows for a stepparent in New Mexico to adopt their spouse’s child if certain requirements are met. A stepparent adoption cannot take place until the child to be adopted has lived with the stepparent for at least one year following the stepparent’s marriage to the custodial parent.

Additional New Mexico adoption requirements, such as pre- and post-placement studies, can be waived, as can the requirement that each party undergoes counseling (N.M.S.A. § 32A-5-32.).  

When the stepchild to be adopted in New Mexico has not lived with the stepparent for more than one year following the stepparent’s marriage to the custodial parent, the adoption shall proceed as an independent adoption (N.M.S.A. § 32A-5-13).

Fertility Clinics in New Mexico

Contact Baby Steps Surrogacy Center, Inc.

Don’t give up. New Mexico surrogacy laws may make the process seem difficult now, but when you team up with Baby Steps Surrogacy Center, Inc., you’ll see how simple it can really be to finish your surrogacy journey. Call us at 412-884-2229 or reach us through the contact buttons at the top of this page.