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Mexico City Approves Pet Custody in Divorces as Congress Recognizes Animals as Sentient Beings

The reforms will take effect the day after publication in the Gaceta Oficial, allowing judges to order maintenance, visits and shared custody based on each animal’s welfare.

Overview

  • Lawmakers voted 57–0 in an extraordinary session, making the capital the first entity in Mexico to formally include companion animals in divorce outcomes.
  • The decree adds a new section to Article 267 on divorce, creates Article 855 Bis and amends Articles 750, 873 and 874 to stop treating animals as property and to recognize them as sentient beings.
  • Divorce rulings must now address custody, visitation, maintenance and veterinary care for pets, with judges weighing factors such as living conditions, available time and financial capacity.
  • In the same session, the Congress approved a Housing Law change that bans denying housing to people for living with children or companion animals.
  • The measures are awaiting publication in the Gaceta Oficial, after which civil courts in Mexico City can begin applying the new standards.