The plenary session of the Supreme Court of Justice of the Nation, determined that Tabasco Congress It was not for her to legislate on surrogacy.
The court began this week the analysis of the unconstitutionality action brought by the then Attorney General’s Office, against various articles of the Civil Code of Tabasco, which regulates surrogacy.
In that sense, the minister Norma Lucia Piña Hernández, proposed to invalidate the first paragraph of article 380 bis, considering that it is not up to local legislation to regulate technical aspects of the fertilization process that surrogate motherhood implies, nor the medical condition of those who can access this assisted reproduction technique.
“It is analyzed that in the contested article 380 bis, general health issues are regulated and consequently, attributions reserved exclusively to the federation are invaded. It is concluded that in the first paragraph, the local legislator defined assisted human reproduction, which in principle would not have to imply an invasion of competences, however, it is shown that, in addition to the concept in question, technical conditions of access were regulated and the way in which surrogacy should be carried out, which does exceed the competence of the local legislator, ”he said.
For his part, the Minister President, Arturo Zaldivar, stated that the Court has already determined that local Congresses do have powers to define civil consequences, so it voted against the project.
“Considering the nature and the purposes that are pursued with each legal system, the local legislator has the power to qualify and provide certain content to the legal institutions that are regulated therein, derived from this qualifying autonomy, I consider that the Tabasco Congress established a definition of assisted reproduction techniques that does not violate the powers of the federation in matters of general health, since it is only establishing a definition necessary for the purposes of establishing the affiliation of children born under these techniques, specifically surrogacy ” , he exposed.
The opinion was approved by 10 votes in favor and 2 against, which also declared the invalidity of a normative portion of the third paragraph, where the possibility of women to express their consent for their reproductive cells was unjustifiably excluded. can be used after their death, in an insemination procedure.
The discussion of this matter will continue in the plenary session on Thursday, as some provisions such as custody of the minor in the event that the biological mother wants to claim it in the future, despite the existence of a contract, are still in the analysis.
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