Current law versus proposed changes
New Mexico has addressed gestational agreements within its parentage-law framework. More recent bills have proposed detailed eligibility, agreement, medical-autonomy and parentage provisions. A bill should not be treated as current law unless it has been enacted and taken effect.
Parentage procedure
The availability, timing and form of a parentage order should be confirmed for the specific case with New Mexico reproductive counsel. Do not assume that a pre-birth order or birth-record outcome is automatic.
Agreement and medical autonomy
The agreement should address compensation and expenses, insurance, medical autonomy, legal costs, termination provisions and dispute procedures. The surrogate remains the patient and retains decision-making authority over her own medical care.
What this means for a surrogate
Before signing an agreement or beginning treatment, use independent New Mexico reproductive counsel to confirm which statutory provisions are currently in force and how they apply to the proposed match.