State Laws and Legislation

New Mexico Surrogacy Law

Summary: New Mexico law appears to only permit uncompensated surrogacy agreements. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.

Explanation: New Mexico law forbids “payment to a woman for conceiving and carrying a child.” However, the law allows payment for medical and other similar expenses incurred “by a mother or the adoptee.”

There is no explicit prohibition in New Mexico on LGBT couples jointly adopting a child, nor is there an explicit prohibition on LGBT individuals from adopting the child of their same-sex partner.

Citations: N.M. STAT. § 32A-5-34 (2009).

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Updated: Tue, September 08, 2009 - 11:00:21