The plenary session of the Supreme Court of Justice of the Nation (SCJN) began the study of an action of unconstitutionality promoted by the then Attorney General of the Republic (PGR) against various articles of the Civil Code for the State of Tabasco, which regulate surrogacy in said federative entity.
In a public session through video conference, the Supreme Court ministers initially decided to declare the invalidity of the first paragraph of article 380 bis, considering that it is not up to the local legislator to regulate the technical aspects of the fertilization process that surrogacy implies, nor the medical condition of those who can access this assisted reproduction technique.
The foregoing in the understanding that it does correspond to define the civil consequences of its use.
Likewise, the Ministers declared the invalidity of a normative portion of the third paragraph, by unjustifiably excluding women from the possibility of expressing their consent for their gametes to be used after their death in an insemination procedure.
The discussion of this matter will continue next Thursday in the plenary session of the SCJN.
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