Overview

• The Supreme Court voted 7–2 to assume contradiction of criteria 38/2025 from Quintana Roo, with ministers Hugo Aguilar Ortiz and Yasmín Esquivel dissenting.
• The dispute arose after Cancún’s Segundo Tribunal granted an amparo for a child’s registration on identity grounds while the Tercero Tribunal denied a suspension in a similar case.
• The justices will determine the procedure civil registries must follow for children born through gestational surrogacy, targeting hurdles that have left some newborns without documents or unable to leave the country.
• Regulation remains fragmented nationwide: Tabasco and Sinaloa have explicit rules, Querétaro and San Luis Potosí prohibit contracts, and most states provide no specific guidance.
• The case builds on Court precedents, including a 2018 amparo for a same-sex couple and a July ruling recognizing exploitation of a gestational woman, and it is among the first major matters for ministers seated on September 1.