Surrogacy in Mexico, Colombia and South/Central America – from the UK’s leading surrogacy lawyers
Mexico, Colombia and other countries in South and Central America are emerging destinations for international surrogacy for UK parents. Although we have experience of surrogacy cases in Mexico, Colombia and other South American countries going back to 2015, UK court statistics show clearly that only a tiny handful of babies were born to UK parents through surrogacy in South America up to 2023 so this remains a relatively new surrogacy pathway for UK parents.
Our experience of the legal framework is that, although the law in Mexico and Colombia appears to be broadly supportive of surrogacy for a broad range of families (including same-sex parents), the legal process is often more complex than anticipated. It has developed through administrative practice and case law, without clear legislation or regulation, so the legal pathway is not yet well established.
Care is needed in other South American countries, particularly Argentina, where there have been moves to restrict surrogacy for foreign parents.
Expert UK law guides from our Knowledge Centre
International surrogacy and UK law
Why do you need to think about UK law if you are going to Mexico, Colombia or elsewhere in South America for surrogacy? Find out what to ask at the planning stages, how to bring your baby home and what you need to do to become a family under UK law
Parental orders
UK parents who have a child through surrogacy in Mexico, Colombia or elsewhere in South America are expected to apply for a UK parental order after their child is born. Find out why you need one, what the court is assessing and how the process works
Latest news about surrogacy in Mexico, Colombia and South/Central America
Read our most recent updates about what’s going on with surrogacy in South/Central America
Travelling home with your baby born through international surrogacy – the options
UK immigration law around surrogacy is complex. There’s no single process that fits all, and the best route home will depend on your personal situation and the country where your baby is born.
Numbers talk – NGA Law and statistics on international surrogacy
CAFCASS data reveals the evolving landscape of surrogacy for UK parents, highlighting the popularity of the US as a destination and the ethical considerations involved. With over a decade of insights, NGA Law provides expert guidance on navigating surrogacy both domestically and internationally.
Concerning shifts in the shrinking world of global surrogacy – Article published in Bionews
Kelly has written a comment piece in this week’s Bionews about the changing landscape of international surrogacy as a result of the war in Ukraine, the announcement that surrogacy is to be prohibited in Georgia, and the recent scandal involving a clinic in Greece. ...
International Surrogacy Forum in Copenhagen
Natalie was delighted to attend an important international conference on surrogacy that took place in Copenhagen in June 2023.
Thinking of surrogacy in Colombia or Mexico? Make sure you’ve considered the legal issues and weighed the risks carefully
Most of the intended parents contacting us for advice about Colombian and Mexican surrogacy are currently gay dads. That is not surprising given that the options for same-sex parents overseas are more limited than for different-sex parents. However, we expect the...
Will my child through surrogacy be born British? And how do I apply for a British Passport?
If you are expecting a child through surrogacy, one of your top questions may be how you get a British passport for your baby, particularly if they are born outside the UK. British nationality can be complicated in surrogacy cases, and what you need to do depends on...
NGA quoted in the Guardian: Unregistered surrogate-born children creating legal timebomb, warns judge
Today's Guardian has reported comments made by High Court judge Mrs Justice Theis at a conference last week about her concerns for children born through international surrogacy whose parents have not applied to properly resolve their legal status in the UK. ...
New Foreign Office guidance for parents planning international surrogacy
The Foreign and Commonwealth Office has today published updated guidance for parents planning international surrogacy arrangements. We have been working with the FCO on this new guidance as part of our campaigning and policy work and are proud to have helped with...
High Court judge warns ‘loud and clear’: international surrogacy parents need a UK court order
In a High Court ruling published today (a case in which we represented the parents), Mrs Justice Theis has warned parents of children born through international surrogacy that they must apply to court in the UK if they want to be the legal parents of their children....
How we can help you with surrogacy in South/Central America
Getting your baby home safely
We can advise you on your UK options for bringing your baby home, and represent you in British nationality and passport applications. We have a long history of working to champion the interests of parents through surrogacy, including working with the UK government on emergency travel measures during COVID and on improving the passport application process
Securing your legal parentage
Even if you are recorded on your child’s overseas birth certificate you will need a UK parental order to become legal parents in the UK. The court process is well established, but will be heard by a High Court judge who will expect detailed evidence. We work with parents in a range of different ways, depending on your budget and the support you feel you need.
Still have questions?
If you need legal advice or want to make an appointment, feel free to get in touch. We offer meetings in-person in London or in the New Forest, as well as online.
We are here to help however we can.