2018 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 11A - New Mexico Uniform Parentage Act
Section 40-11A-801 - Gestational agreements not authorized or prohibited.
A. The New Mexico Uniform Parentage Act 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.
B. If a birth results pursuant to a gestational agreement pursuant to Subsection A of this section and the agreement is unenforceable under other law of New Mexico, the parent-child relationship shall be determined pursuant to Article 2 of the New Mexico Uniform Parentage Act.
History: Laws 2009, ch. 215, § 8-801.
Effective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
Law reviews. — For comment, "Stopping the Baby-Trade: Affirming the Value of Human Life Through the Invalidation of Surrogacy Contracts: A Blueprint for New Mexico," see 29 N.M.L. Rev. 407 (1999).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of surrogate parenting agreement, 77 A.L.R.4th 70.
Rights and obligations resulting from human artificial insemination, 83 A.L.R.4th 295.
Determination of status as legal or natural parents in contested surrogacy births, 77 A.L.R.5th 567.
