US couple unable to bring surrogate-born baby back from Mexico

A New Jersey couple whose son was born via surrogacy in Mexico, has been unable to return with him to the USA.

Sam and Laura Kaitz used a Mexican surrogacy agency, recommended to them by a reputable surrogacy broker, to have their son, who was born in April. In Mexico, the person who gives birth is always the legal mother on the child's birth certificate. As a result, the baby has been unable to obtain a US passport and remains in Mexico City.

The couple say that the agency assured them Mrs Kaitz could be listed as the mother on the birth certificate: 'That was something she was very excited about being able to say, "I am his mother and nobody else",' her husband told the Washington Post.

Mexico has been promoted as a commercial surrogacy destination as costs are typically lower than in the USA or Canada; however, it has no legal framework for foreigners pursuing surrogacy.

The US embassy in Mexico issued a warning in 2021 to Americans considering surrogacy in Mexico: 'Surrogacy agreements between foreign or same-sex intending parents and gestational mothers are not enforced by Mexican courts … If you decide to pursue parenthood in Mexico via assisted reproductive technology with a gestational mother, be prepared for long and unexpected delays in documenting your child's citizenship'.

The Kaitzs' say their agency assured them the information was outdated, and the couple decided to proceed with treatment in Mexico after Russia's invasion of Ukraine meant they could no longer consider treatment with a Ukrainian surrogate.

Days after their child's birth when the couple sought to obtain a passport for him, lawyers informed them they would need to go through Mexico's courts to get Mrs Kaitz name on the birth certificate, as their current birth certificate was invalid as she was not the birth mother.

Since then, Mr Kaitz has been required to provide a DNA sample to prove his relationship to his child, while continuing to pay legal expenses and accommodation costs to remain in Mexico City. Mrs Kaitz is dividing her time between Mexico City with Mr Kaitz and their baby and New Jersey with her two older sons.

Mr Kaitz said he feels 'betrayed' by the surrogacy agency, which he blames for their situation.

'I think it's important for people to realise the laws have not changed' said Mrs Kaitz. 'I don't want this to happen to anybody else'.