N.M. Stat. § 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.