New Mexico law does not authorize or prohibit surrogacy arrangements. Specifically, state law does not “authorize or prohibit an agreement between a woman and the intended parents: (1) in which the woman relinquishes all rights as the parent of a child to be conceived by means of assisted reproduction; and (2) that provides that the intended parents become the parents of the child. New Mexico Statutes. Ann.§40-11A-801(A).
Traditional (genetic) surrogacy isn’t expressly prohibited, 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.
