The ministers endorsed the project of Minister Loretta Ortiz Ahlf, which mentions that in cases where there is a contract previously ratified before a notary and there is no controversy between the parties, voluntary jurisdiction proceedings will be the appropriate way for a judge to verify and accompany the concluded contract.
This is so that when the birth occurs, the judge orders, without delay, the issuance of the birth certificate of the newborn, since the Court indicated that the jurisdictional authority should not resolve controversies or litigation, but should focus on the verification of the contract, the comprehensive care of the woman or pregnant person, and preventing gender and reproductive violence.
“The lack of regulation on the matter in Mexico City should not result in the authorities not resolving the issues presented to them; on the contrary, they must find a solution that guarantees the rights of the people involved in a surrogacy contract,” is mentioned in the endorsed project.
In addition, the contract must have clauses that guarantee human rights before and after the pregnancy of the newborn; That is, it should not focus only on imposing obligations on pregnant women.
There should also be no clauses that aim to procreate a certain type of child for intentional ascendants (person with the will to procreate) or that allow them to abandon the contract or the newborn if it does not meet their expectations.
This case came to the SCJN due to a contradiction of criteria between Collegiate Courts due to the lack of legislation in Mexico City.
Ministers Irving Espinosa Betanzo and Lenia Batres Guadarrama were against the project, considering that the Court invaded powers that belong to the Congress of Mexico City. Meanwhile, President Hugo Aguilar pointed out the need to address the issue, saying that legislators have not addressed it.
“I think it is about making a decision, if we also turn our backs on that reality and do not set some criteria that contributes to giving it certainty, if we do not do so, I believe that here we will have it in different ways, so I think it is worth setting this criterion,” he mentioned.
Mexico City – like the rest of the 27 entities in the country – does not have regulations, which is why babies born through this route must go through protections and judicial processes, in order to legalize paternity or maternity.
