EVERY PERSON HAS THE RIGHT TO FORM A FAMILY

EVERY PERSON HAS THE RIGHT TO FORM A FAMILY

Published by Centro GIRE

The Chamber of Deputies currently has a bill that deals with techniques of assisted reproduction and another bill that deals exclusively with the regulation of surrogacy. What is the difference between initiative and bill? In this case, both initiatives have already been approved by the Senate, thus becoming bills and, although it lacks the approval of members, this could happen at any time.

After analyzing the two Senate bills, we found elements that are discriminatory and violate human rights:

On the one hand, the draft law on assisted reproduction does not establish any residency or marital status restrictions, however, in both bills is required a “medical indication”, inferring that access to these techniques is reserved for heterosexual couples because they are the only ones who could have tried to reproduce biologically without success, leaving aside singles and same-sex couples who do not necessarily have infertility problems and therefore would not receive a “medical indication” to be able to have access to these techniques.

The PRI’s federal deputy, Sylvana Beltrones, also introduced a legislative initiative for the regulation of assisted reproduction techniques, including surrogacy. This initiative is less likely to succeed because it lacks approval by the majority of the Chamber of Deputies and from there the initiative must pass to the Senate to be approved again. Beltrones’s proposal is also discriminatory and violates human rights because access to medically assisted reproductive technologies is limited to married Mexican women who have tried to become pregnant for at least one year, moreover wife must obtain permission from her husband. In the case of surrogacy, the process must be altruistic and the surrogate mother must be a relative of the intentional parents. The initiative leaves aside singles, same-sex couples and foreigners.