It is important to note that the law that applies to children born through surrogacy is the law of the place where the baby is born. Yes there will always be a conflict of laws because the law of the jurisdiction where the intended parents reside and where the child will grow up are also very important but the critical law is that which determines parentage for the birth certificate and citizenship. Given the level of experience of fertility clinics in Mexico and the extensive experience of clinics and agencies in California it is not surprising that the prohibition of surrogacy for international and same-sex parents in Mexico led to the creation of a hybrid program. You can read more about the program here http://globalsurrogacy.world/california-hybrid/
By engaging a Mexican surrogate mother who has a right of residency in the USA intended parents are able to achieve the legal certainty of a US surrogacy program at a significantly lower cost than a pure US surrogacy program. Most of the prospective surrogate mothers live just across the border from San Diego in Tijuana and travel to Cancun, Mexico for the embryo transfer. Pre-natal visits can take place in Tijuana (or the surrogate’s area of residence) or across the border in San Diego. Specially negotiated fee agreements exist for medical and delivery costs with a select number of doctors, clinics and hospitals in San Diego. The California State Courts have jurisdiction so a pre-birth court order is obtained to establish parentage rights of the Intended Parents during the first or second trimester of the pregnancy.
This presents a much more viable and safe option than trying to undertake a surrogacy program in Mexico. Beware assurances from agencies that you can still undertake surrogacy in Mexico!