New Mexico

Accepts / Does NOT Accept CA Judgment

Accepts, but the Judgment must be reviewed and approved by VR in advance

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

 ✓

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

Pre Birth / Post Birth

Pre-Birth

State Law Governing Gestational Surrogacy

Married Hetero Couple

Unmarried Hetero Couple

Married
Same-Sex
Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

 ✓

Two Bio Connections

N/A

N/A

N/A

No Bio Connections

N.M. Stat. Ann.§40-11A-801 states that gestational surrogacy is neither prohibited nor permitted.

Vital Records Information

Contact: Rebecca Ulibarri (New Mexico Bureau of Vital Records and Health Statistics, Attn: Rebecca Ulibarri, 1105 S. St. Francis Drive, Santa Fe, NM  87505)

  • Prior to the birth, send Rebecca  a certified copy of the Order.
  • Following the birth, notify Rebecca the birth occurred and reconfirm the hospital where the delivery occurred. Rebecca will call the hospital and walk the birth clerk through the birth certificate process.

Birth Certificates: Send a self- addressed envelope with the birth certificate application and include payment:

  • $10 amendment fee
  • $105 for each certificate ordered

State will likely NOT issue a BC with only one parent, so avoid in cases where IP’s might want only bio dad, for example, on BC.

Local Counsel

Harold O. Atencio
[email protected]
(505) 839-9111

Lisa Olewine
[email protected]
(505)858-3316