How are the birth certificate and the filiation of the newborn established in surrogacy cases?

According to the Supreme Court of Justice of the Nation (SCJN), the filiation of infants born through assisted human reproduction techniques is established through the principle of procreational will. For registry authorities to issue the birth certificate directly in the name of the intended parents, there are various legal avenues such as amparo proceedings before District Courts. This ensures that:



1. The infant has the surnames of their parents;
2. The gestational carrier is protected against the imposition of obligations she did not assume and that do not correspond to her; and
3. A birth certificate is issued without delay that recognizes the social and filial reality of the infant.