An introduction to the laws of Assisted Reproductive Technology (ART) in the State of New Mexico

Generally, is New Mexico friendly to ART?  Yes.  It is best to consult with a New Mexico attorney to discuss your individual situation. 

Is New Mexico friendly to non-married couples? Yes. 

Is New Mexico friendly to LGBT families?  Yes. 

Is New Mexico friendly to a single intended parent? Yes. 

Are there statutes in place for surrogacy in New Mexico? Yes, New Mexico adopted the Uniform Parentage Act, which relates to children born from assisted reproductive technology. 

Does New Mexico have an embryo donation statute?  No, New Mexico does not have a specific statute for embryo donation, but the Uniform Parentage Act covers children born through embryo donation. 

Does New Mexico have an egg donation statute?  No, New Mexico does not have a specific statute for egg donation, but the Uniform Parentage Act covers children born through egg donation. 

In New Mexico, is gestational surrogacy (third party gamete use) permitted? Yes. 

In New Mexico, is traditional surrogacy (use of the surrogate’s genetic material) permitted? Yes, but it is not recommended or best practice.  In this situation, the surrogacy becomes an adoption. 

In New Mexico, is compensated (paid) surrogacy allowed by statute? In practice?  There is no statute on this topic. Compensated surrogacy is widely accepted in practice. 

In New Mexico, is non-compensated (expense reimbursement only) surrogacy allowed by statute?  In practice?  There is no statute on this topic. Non-compensated surrogacy is widely accepted in practice.  

Does New Mexico only permit a Carrier to be reimbursed for expenses (non-compensated)?  A carrier can be either compensated or non-compensated.  

In New Mexico, are surrogacy agreements enforceable, void or prohibited? Enforceable.  

In New Mexico, do both Intended Parents both have to be genetically related to the child?  No. 

Does New Mexico require at least one Intended Parent to be genetically related to the child? No. 

If a single intended parent uses surrogacy, do they have to be genetically related to the child in New Mexico?  No. 

Does New Mexico require Intended Parents be married? No. 

Does New Mexico require Intended Parents to be opposite genders or opposite sex?  No. 

Does New Mexico allow pre-birth parentage orders to be issued for surrogacy? Yes, with one judicial district exception. 

Does New Mexico only allow a post-birth parentage order to be issued?  New Mexico does not require post-birth parentage orders, with one judicial district exception.  

Can you obtain both a pre and post birth order in New Mexico for the same child?  There is no requirement for both a pre and post-birth order, but judicial districts vary in practice. 

Can you obtain a parentage order if only the carrier resides in New Mexico?  Yes. 

Can you obtain a parentage order if only the intended parents reside in New Mexico? Yes.  

Can you obtain a parentage order if only the birth occurs in New Mexico?  Maybe.  It is not expressly prohibited, but would depend on the judge assigned.  

Can you obtain a parentage order if only the medical procedures/IVF Clinic is in New Mexico?  It is not expressly prohibited, but it is unlikely if no party lives in New Mexico.  

What is the basis for venue in New Mexico?  6-month residency of a party is required, with some exceptions. 

Do results vary by venue in New Mexico?  Results vary by judge. 

In New Mexico, is a hearing required for a parentage order? No. 

Does New Mexico have a passport office?  Yes, but no expedited passport offices. 

How long does it take to obtain a birth certificate in New Mexico? 6-8 weeks, usually. 

Will New Mexico vital records honor a parentage order from another state? Yes. 

Does New Mexico vital records require a parentage order from another state to be registered? Not required, but it is recommended to avoid delays.  

How does a New Mexico birth certificate list same-sex parents? Parent/Parent. 

Can an initial birth certificate be obtained naming the biological parent and the carrier in New Mexico?  Yes, if naming the Carrier is a benefit to the intended parents.   

Can the birth certificate be amended to include only the biological parent or both intended parents in New Mexico? Yes 

In New Mexico, do amended birth certificates say “amended” on them?  No. 

Can intended parents in a surrogacy obtain an adoption order in New Mexico?  Yes.  

Assisted Reproduction law and surrogacy involves many complex issues. Parties who are contemplating engaging in a surrogacy arrangement in the State of New Mexico should not rely exclusively on these printed responses. All these issues should be discussed with a New Mexico ART attorney who is experienced in surrogacy law. Answers to these questions will be impacted by numerous circumstances that are unique to your surrogacy arrangement.