The Plenary of the SSupreme Court of Justice of the Nation (SCJN) began the constitutional analysis on the Surrogate motherhood or rent of bellies in the state of Tabasco.
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“This will be the first pronouncement of the Full Court, without precedent, and in this sense it is important that it provides clarity on the rights involved in order to serve as a reference to legislators and law enforcement agencies on how to regulate surrogacy and resolve the conflicts that arise around it, “said Arturo Zaldívar, minister-president of the SCJN.
“It is not repetitive or lengthy to mention the need to design a national policy on general health applicable to the entire territory and also essential for the practice of surrogacy and that it is consistent with the rights of the parties involved, particularly of girls, boys and women, international studies reveal that adequate regulation of surrogacy protects the rights of all those involved, particularly pregnant women who are at greater risk of being abused in deregulated contexts. It is also appropriate to say it, the prohibition of the practice generates clandestinity and consequently greater risks for pregnant women, as well as uncertainty for minors born through these techniques ”, indicated Norma Lucia Piña Hernández, minister of the SCJN.
This matter came to the Court because the then Attorney General’s Office (PGR) presented an action of unconstitutionality considering that the Congress of Tabasco did not have the powers to regulate surrogacy.
He argued that today it was confirmed by the majority of the ministers.
“It is not up to the local legislator to regulate the aspects related to the technical process of fertilization that surrogacy implies as a technique of assisted human reproduction, since its powers are limited to regulating the civil and family consequences of the use of this type of reproduction techniques. Similarly, the fact that the legislator has established that this assisted human reproduction technique can only be used by couples who are infertile or sterile, implies a form of technical and scientific regulation that corresponds to the homogeneity aspects that must be regulated. for the Federation ”, explained Luis María Aguilar Morales, minister of the SCJN.
During the next session, the Plenary of the Court will define what are the rights and limitations of the pregnant mother.
The votes cast this Tuesday are nominal, which means that the matter has not been definitively resolved.
With information from Jessica Murillo
Rar
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