Abogadas MX - in vitro families: the Court's oversight

Scientific developments in assisted reproduction have not outpaced Mexican law; on the contrary, the existing constitutional, international, and civil legal Mexican framework already recognizes and protects the diversity of family structures.

In this context, our associates Luis Ernesto Brieño and Ana María Guerrero have published in the Abogadas MX Blog a critical analysis of a recent position expressed during a plenary session of the Mexican Supreme Court of Justice, in the context of the discussion of Acción de Inconstitucionalidad 154/2021.

 The article reflects on how certain judicial interpretations, particularly those issued by the Mexican Supreme Court of Justice, may depart from the constitutional, international, and civil principles that structure the Mexican legal system. 

Through a technical analysis, the authors examine:

• The incompatibility of biologically restrictive criteria with the Mexican constitutional framework.
• The protection of filiation and family under civil law, beyond biological origin.
• The relevance of international standards on women’s rights and non-discrimination.

The authors reaffirm that Mexican law has evolved to recognize the plurality of family structures and that, accordingly, judicial interpretations must remain consistent with this development.

We invite you to read the full article to learn more about this topic (only available in Spanish).