For some receiving countries, the Intended Father may have to have a genetic link to the child in order to process citizenship of that country.
Your home country might issue a second birth certificate and issue the passport with the surrogates name as the legal mother and the genetic fathers name as the legal father. This is because in some countries (mostly in Europe) the woman who gives birth to a child is recognised as the legal mother of the child. .
However if the intendend father is recognised legally as father according his home country’s law, the child gets dual citizenship.
There will also be Delivery Certificate issued, stating the name of the surrogate, the babys name and the Intended fathers name.
If your home country’s law states that the woman who gives birth (Surrogate) is legally the mother of your child
- make sure you work with the intended father’s sperm (no donor) and an unmarried surrogate mother. Otherwise, the husband of the surrogate will be recognised as the legal father of the child according your home country’s law and it might not be possible to challenge his paternity.
- make sure you add a clause in the surrogate contract stating that the contract will not end after birth and that she is willing to help you with the necessary legal requirements and embassy work after birth. You will need the contract when registering the baby .
you might need the Delivery Certificate for your embassy paper work . You will also have to check with your embassy if you need the surrogate to attend to the embassy.
Depending on where you are from, the surrogate might have the right to claim maintenance support from you during pregnancy and until she gives up her rights according to your home country’s law. This is even if she has no rights regarding your children based on Mexican law. However transferring rights over is easy if your home country is part of the Hague Convention because Mexico is also a member of this convention.
Only the genetic fathers name with the surrogate are on the birth certificate
Discuss with a lawyer from your home country
- how the surrogates rights will end according to your home countrys law.
- In which country the court process has to take place and when it can be done.
Where your home country recognises the surrogate mother as a legal parent, the surrogate needs to agree in writing that the father may travel alone with the child.
For some nationalities, it may require a few months until the court process can be done transferring your surrogates parental rights completely. As a result, she should be asked to sign a mandate for general power of attorney, so that the Intended father can act alone. This is important if your baby has to go to hospital in your home country.