Overview
- Judges nationwide must accept voluntary, notary‑ratified surrogacy agreements in non‑contentious proceedings and may order immediate birth certificates at birth.
- The procedure requires notarization before pregnancy plus judicial verification of free, prior and informed consent and stated procreational intent, with oversight of the gestating person’s care.
- The Court held that lack of specific legislation cannot block registration, instructing civil registries to issue documents promptly to secure legal identity and access to services.
- In a separate decision, the justices authorized provisional birth certificates for children in adoption cases during amparo proceedings to protect rights while cases are pending, approved on a 7–2 vote.
- Two ministers dissented in both matters, asserting that comprehensive surrogacy rules are a legislative responsibility and cautioning about risks of exploitation and cross‑border reproductive tourism.