Surrogate Baby Defies Regulations: Birth Certificate Victory

A federal court in Cancún has granted a birth certificate to a baby born through surrogacy to an American couple. The decision comes in the face of current regulations that do not explicitly recognize the parental rights of couples who have children through surrogacy. The couple had initially been refused when they applied for the child's identification at the Civil Registry in Cancún.

Surrogacy involves a woman carrying a pregnancy and giving birth on behalf of another person or couple. This surrogate mother carries a baby that is not biologically hers, with the intended parents assuming full responsibility for the child. The couple's initial request was denied, leading to a lawsuit filed in the Ninth District Court in Cancún on April 22.

The couple, who live in the United States, presented a marriage certificate issued by both the city and county of Miami, Florida, dating back to 2023. They also provided a signed agreement with a surrogate mother, which was ratified by a Public Notary in the previous year.

The conception method involved in-vitro fertilization using an anonymous egg donor and the sperm of the male partner. The couple covered all medical and healthcare expenses related to the procedure. The agreement with the surrogate mother stated that she would relinquish all legal rights and custody of the baby to the intended parents.

Upon reviewing the case, the judge invalidated the initial refusal and ordered a new certificate to be issued. A provisional certificate was granted to the child before birth, followed by the issuance of the final document. The final registration recognized the child as the son of the American couple, carrying their surname.

The case was evaluated based on various articles of the State Civil Code, which currently do not permit the registration of a person born through surrogacy. However, the judge determined that it is possible to establish parental rights for children born from assisted reproduction, even without a biological link.

The judge also noted a previous ruling by the First Chamber of the Supreme Court of Justice of the Nation, which recognized parental rights irrespective of biological ties. The judge emphasized the importance of maintaining the stability of family relationships and the right to identity, as protected by Article 4 of the Federal Constitution. The judge also pointed out that there is no requirement for proof of a biological link before the Civil Registry.

The judge also took into account the biological connection of the father and the intention of his partner to procreate. He stated that the original refusal by the authorities had violated human rights.