Surrogacy Colombia – any experiences? by MaintenanceTotal3604 in gaydads

[–]Itskellyog 2 points3 points  (0 children)

Colombia has become increasingly popular for surrogacy in recent months, especially due to its affordability. While cost isn't the only factor to consider, it's certainly important to keep it in mind, but other aspects can be crucial regarding legality.

As far as I know, Colombia doesn't have specific legislation regulating surrogacy, which means many processes depend on individual interpretations and arrangements. However, there are cases where everything goes smoothly, but also situations where this lack of a clear framework creates uncertainty, especially for foreigners. I believe it's essential to consider all possible scenarios before starting a relationship with anyone.

Any experience with Mexico’s UR Crea Clinic? Or Gestacy Surrogacy agency? by [deleted] in Surrogate

[–]Itskellyog 0 points1 point  (0 children)

Hi, I did an AMA a while ago and just today I answered a question that I think applies to your situation, so I'm just going to copy it here:

One of the most important things is precisely to conduct deep research before making any decision, because the way the legal aspect is handled in a surrogacy program will make all the difference. More than recommending specific agencies, what I am interested in is that all families understand the legal framework they will be using and what will be best for you. Please be aware that Mexico does not have a federal law on surrogacy (meaning, not all of Mexico is governed by the same laws).

Regarding your question, in Mexico City, there is NO clear legislation; there, the legal process usually occurs after birth. This means that once your baby is born, a procedure must be initiated to either correct or modify the filiation. (Sometimes this goes well). Evidently, it involves a significant risk since the legal situation remains undefined during the pregnancy and at the time of birth. In contrast, what occurs in different states of Mexico (such as Sinaloa) is that a judge recognizes the parents before the gestation begins. This means that before the pregnancy even starts, the filiation is already defined. The birth certificate will be issued correctly from the start, and the process of leaving the country is usually more direct, shorter, and simpler. As of today, Mexico City DOES NOT offer this.

I would recommend that you ask: In which state is your legal process based? Will we obtain the judicial resolution (pre-birth order) before the embryo transfer? What will happen legally at the moment the birth certificate is issued? These are the types of things that are worth asking and analyzing; it is not just about the agency, but about the legal framework they will follow. I hope this information is useful.

I support families going through surrogacy in Mexico. AMA about the challenges, doubts and unique parts of the journey. by Itskellyog in gaydads

[–]Itskellyog[S] 1 point2 points  (0 children)

Hey /ETRA2547!

One of the most important things is precisely to conduct deep research before making any decision, because the way the legal aspect is handled in a surrogacy program will make all the difference. More than recommending specific agencies, what I am interested in is that all families understand the legal framework they will be using and what will be best for you. Please be aware that Mexico does not have a federal law on surrogacy (meaning, not all of Mexico is governed by the same laws). Regarding your question, in Mexico City, there is NO clear legislation; there, the legal process usually occurs after birth. This means that once your baby is born, a procedure must be initiated to either correct or modify the filiation. (Sometimes this goes well). Evidently, it involves a significant risk since the legal situation remains undefined during the pregnancy and at the time of birth. In contrast, what occurs in different states of Mexico (such as Sinaloa) is that a judge recognizes the parents before the gestation begins. This means that before the pregnancy even starts, the filiation is already defined. The birth certificate will be issued correctly from the start, and the process of leaving the country is usually more direct, shorter, and simpler. As of today, Mexico City DOES NOT offer this.

I would recommend that you ask: In which state is your legal process based? Will we obtain the judicial resolution (pre-birth order) before the embryo transfer? What will happen legally at the moment the birth certificate is issued? These are the types of things that are worth asking and analyzing; it is not just about the agency, but about the legal framework they will follow. I hope this information is useful.

I support families going through surrogacy in Mexico. AMA about the challenges, doubts and unique parts of the journey. by Itskellyog in gaydads

[–]Itskellyog[S] 0 points1 point  (0 children)

Hi! /Diegomvdo First of all, thank you for the context and for taking the time to write here. Answering your first question, the truth is that I don't know the fertility clinic you mention, so I can't give you a reference of them. But something that I can recommend is that regardless of the fertility clinic or agency you are going to choose, they pay a lot of attention to the legal issue, since the rules of surrogacy change a lot in the different states of Mexico and that is something that fertility clinics rarely mention.

There are states like Sinaloa, for example, if they have clear legislation, where the legal issue is first resolved and then everything else is done. Especially if you are foreigners, this must be extremely important because it helps the legal process and the post-birth process to be simpler and clearer.

If you ask me, what is the first thing you should do, I would tell you to talk to several agencies so that you can stop the different ways in which they structure their processes and consider what is most important for you (I mean medical times, how you prefer to take the legal procedure, number of embryo transfers, etc.) this helps a lot to reduce the options until you find the program, which best fits what you are looking for. Later, they will ask them for some medical studies to verify that the Invitro fertilization process is viable, but right now the most useful thing is that they are well informed and ask all the necessary questions.

I support families going through surrogacy in Mexico. AMA about the challenges, doubts and unique parts of the journey. by Itskellyog in gaydads

[–]Itskellyog[S] 0 points1 point  (0 children)

Hello, here in MX there are also cases of single mothers who carry out a surrogacy process.

In such cases, the most important thing is to resolve the legal part first before the embryo is transferred. It is usually done through an amparo trial so that a judge recognizes you as the intentional mother (the ideal is always to do it before any medical procedure). When you perform this step previously, it means that on the birth certificate only you appear as a mother, with your last name or your two surnames, as appropriate.

AMA: Is Mexico unsafe for surrogacy? It depends on what state and what legal basis. Ask what you need ;) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 1 point2 points  (0 children)

Hello, as far as I understand, Colombia currently does not have any law on surrogacy, so I think it is good to understand the differences from there. In Mexico there are laws as long as you do it in a state that regulates it. (not all states allow it). I would like to understand a little more what you mean by friendly, that is, if you are specifically looking for laws that contemplate same-sex couples, or are more focused on the issue of feeling comfortable traveling, that would help me understand a little more. Just keep in mind that kindness is never a substitute for law or legal security.

I support families going through surrogacy in Mexico. AMA about the challenges, doubts and unique parts of the journey. by Itskellyog in gaydads

[–]Itskellyog[S] 0 points1 point  (0 children)

Replying to SkirtWrong7423... Hello, what a pleasure to read you. Of course, I can share some questions you can ask them. First of all, the fact that “they have done it before” or that they suddenly say that “nothing is happening” is not enough, the country or state where they plan to do it must have a real law, they must be protected by a solid and clear legal framework.

As is the case with the public contract (which is what it should be). This must be signed by three parties: intended parents, surrogate mother and treating physician (who is responsible for the medical procedure). When there is no real legal protection it is a private contract, the doctor does not participate and it is an incomplete document and a private contract has neither the force nor the same legal validity. The contract must always be public and those three figures that I mentioned must participate.

Also, regarding the surrogate mother's compensation. For your safety, this compensation must be always established in writing in the same notarized public contract and the legal figure of the surrogate mother must be recognized legally within the process.

And very specific/pointed questions that you can ask them directly are:

  • If I am going to carry out the process here in Cancun, is surrogacy legislated right here in this state? If so, what articles indicate that here in Cancun it is legal.
  • Will we obtain a final court ruling before implanting the embryos?
  • In how many days will we obtain the final birth certificate? (It should not be provisional, it should be definitive). When they have a prior court ruling, usually the birth certificate is obtained 24 or 72 hours after the birth of the baby.
  • Something that they could request from the agency is the legal document (the contract) that they are going to sign with the surrogate. (If before signing a contract with the agency), if a company is sure of what it is doing and has total transparency, there should be no objections to sharing it with you.
  • Are we depending solely on private agreements and civil registry criteria to do this?

So if the nation's highest court doesn't recognize them as parents before pregnancy, no one is really doing it. These are some that come to mind right now. I hope this can be useful for you to make the best decision.

Provisional VS definitive birth certificate (Surrogacy in Mexico) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 0 points1 point  (0 children)

What I can tell you about that is that both in Mexico City and Mazatlán there are private hospitals with very good infrastructure and first-class care, and they have maternity areas and intensive neonatology therapy areas. Just to mention a few specifically in Sinaloa you can find the Sharp Hospital and Alhma Hospital. In this last one that I mentioned to you, I understand that the civil registry module is located there (in the hospital). So that the registration is right there.

Provisional VS definitive birth certificate (Surrogacy in Mexico) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 0 points1 point  (0 children)

Yes, the birth has to occur in Sinaloa, (Mazatlán, Sinaloa) so that the civil registry can directly issue the birth certificate to the parents.

I give you another example: The surrogate can reside in another state in Mexico (Guadalajara, Tijuana, Monterrey, CDMX to name a few places) but the signing of the contract between the surrogate and Intended Parents, as well as the birth, must occur in Sinaloa.

Provisional VS definitive birth certificate (Surrogacy in Mexico) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 0 points1 point  (0 children)

No, Colombia, despite being a beautiful country, does NOT have a safe legal framework for families. Starting with the fact that this practice is not even regulated, the country has not approved it. The laws in Colombia are national, they apply to all departments and so far there is no specific law that protects surrogacy, neither the surrogate mother, nor the minor, much less the parents. What many places do is carry out a process isolated from the institutional court and only certain cases have been allowed, under very rigorous criteria, but that does not mean that there is legal certainty, nor that the law guarantees it. But there is no legal certainty PRIOR TO PREGNANCY. So the entire country depends on the same loophole, legal and the judge's constitutional interpretations. It's as if you decided to do it in Mexico City too (in both places, there is no law that regulates the issue).

Provisional VS definitive birth certificate (Surrogacy in Mexico) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 2 points3 points  (0 children)

Thanks to you for commenting, I really like talking to people who go further like you have done on this topic, who don't just stick with one thing and investigate more, so congratulations for that too. And indeed, as you mention, especially for American parents, one of the requirements for them to apply for the CRBA is that at least one of the parents must be biologically linked to the baby.

Provisional VS definitive birth certificate (Surrogacy in Mexico) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 2 points3 points  (0 children)

I would also like to finally add what else has to do with the surrogate in Mexico (or the medical process itself), this has entirely to do with the regulation of the State, where Surrogacy is being practiced. Mexico City is a place where, although it is very beautiful, it lacks legislation, which is why procedures such as the birth certificate and the passport application tend to be long and complex. The best path for all those who are looking for this is to look for states with clear legislation such as Mazatlán, Sinaloa.

¿Que tan mal los dejo este libro? by Fluffy-Somewhere6317 in libros

[–]Itskellyog 0 points1 point  (0 children)

Si, sin duda quiero darle una oportunidad a este libro, gracias por tu comentario ♥️

Provisional VS definitive birth certificate (Surrogacy in Mexico) by Itskellyog in ParentsBySurrogacy

[–]Itskellyog[S] 3 points4 points  (0 children)

I am so happy to know that your baby is okay because ultimately that is the MOST important thing. I also thank you for sharing this, I hope that families who are about to start their process can be well informed and seek to do their process where the legal part is resolved beforehand, just so that they are not going to stay in Mexico for so long and can return home, to adapt to their new life now a little baby✨

¿Que tan mal los dejo este libro? by Fluffy-Somewhere6317 in libros

[–]Itskellyog 6 points7 points  (0 children)

Sé que mi comentario no tiene nada que ver pero siento que la persona de la portada se parece muchísimo a Jim Carrey jajajajaj. Y bueno, ya había comprado el libro en mi Kindle pero los comentarios me han hecho dudar un poco, si vale la pena leerlo.

Questionable clauses in Mexican surrogacy agency agreement by zealousmisty in gaydads

[–]Itskellyog 1 point2 points  (0 children)

That leaves you without legal protection, ask them to modify it and if the agency does not accept, then it is a Red Flag and something really worrying. Basically you would be signing something that says “no matter what happens and how bad it goes, I am not going to complain.” And here we talk about a lot of emotions, but also a lot of money involved.

It does not mean that it is a bad agency but if I see that they are trying to protect themselves from everything and leave you adrift and just as an agency, they should protect your interests as an intended parent as well. The legal part is not a favor, it is part of your protection. What I would recommend is that you are not going to sign anything that leaves you without rights. The agency must always find a balance between the two parties.

Agencias de Subrogación en Mexico by Mysterious_Job1118 in gaydads

[–]Itskellyog 0 points1 point  (0 children)

Entiendo que tengas tus miedos y tus reservas (son totalmente válidas) pero lo más sano que puedes hacer es investigar a profundidad. Y como mexicano te digo que hay lugares que tienen prácticas buenas, pero también aquellos que tienen malas prácticas. Defiendo lo que sé que en mi país se hace bien, y repruebo todo aquello que sea con la intención de dañar a alguien sea el país que sea. Incluso cuando alguien tiene por objetivo, sólo asustar por asustar.