In New Mexico, gestational surrogacy is neither permitted nor prohibited. This status was legislated, by New Mexico Statutes. Ann.§40-11A-801.
Traditional (genetic) surrogacy isn’t expressly prohibited either, although any payments to a traditional surrogate are required to meet the limits of adoption statutes on the state’s books. In addition, parental rights of a Traditional Surrogate can only be relinquished pursuant to the adoption statutes. In some cases, intended parents may be required to share custody and pay child support.