Guaranteeing the right to found a family, the right to non-discrimination and the right to benefit from scientific and technological progress includes the regulation and implementation of public policies on assisted reproductive techniques (ART) for those who, for various reasons, cannot conceive or maintain a pregnancy without medical assistance. In Mexico, however, the absence of regulation on ART at the federal level leads to serious discrimination and problems in accessing these services.
Among various types of ART, artificial insemination and in vitro fertilization are available in Mexico. Surrogacy is related to these two techniques. Surrogacy consists of a contract in which a woman agrees to carry a pregnancy for another individual or couple who intend to parent the child. Though permitted in two Mexican states, this practice requires a complex discussion on the best possible way to guarantee the rights of all parties involved, legal certainty and informed consent.
GIRE accompanies individuals whose rights have been violated while accessing these techniques or who are currently undergoing a surrogacy process. We work hand-in-hand with state and federal authorities to establish non-discriminatory laws on these issues.
The State must protect those individuals who wish to become parents, the women who decide to conceive for other families and the children who are born through this type of agreement. GIRE considers this task possible if its guiding principle is to guarantee the protection of the human rights of all involved. This report seeks to contribute to achieving this objective.
In Mexico, the lack of assisted reproduction regulation results in legal uncertainty that permits abuse and discrimination against people who participate in these techniques and results in a lack of protection for the health personnel involved, and even violations of the right to identity for children born under these procedures.
To eliminate the possibility of abuse, Mexico must ensure that assisted reproduction services are regulated comprehensively and the rights of the people involved in the procedures are protected under the highest human rights standards. Until this takes place, assisted reproduction clinics, including surrogacy clinics, continue to operate without adequate health surveillance and supervision, often incurring in abuse, under the implicit consent of the State by omission.
Cases and Data
Women and Girls without Justice: Assisted Reproduction
Cecilia and Sergio were denied access to the Assisted Reproduction Program at the 20 de Noviembre National Medical Center, on the grounds that she was over 35 years of age, the arbitrary age limit established for access to the Program. They filed a discrimination complaint with the National Council to Prevent Discrimination, which resolved that the age criterion is discriminatory.
Consult additional information on cases and data for assisted reproduction using our platform (https://gire.org.mx/consultations/?type=reproduccion-asistida).
Campaigns and Communications
This documentary reveals the journey traveled by Mirna, a divorced woman with three children, who decides to become a surrogate for another family. It demonstrates the troubles she faces resulting from the lack of regulation in Mexico on this issue.