Overview
- The Supreme Court’s plenary voted 7–2 to exercise its facultad de atracción over contradiction of criteria 38/2025 from Quintana Roo, opening a nationwide review of how civil registries issue birth certificates in surrogacy cases.
- Two collegiate tribunals in Cancún reached opposite outcomes, with the Second granting parents an amparo based on the child’s right to identity and the Third denying a suspension in a similar matter.
- No final ruling has been issued, and the Court’s forthcoming decision is expected to establish a binding criterion for civil registries across the country.
- Advocates report rights violations stemming from a legal vacuum, with only Tabasco and Sinaloa expressly regulating surrogacy while states such as Querétaro and San Luis Potosí prohibit contracts and most others lack rules.
- Prior Court actions include a 2018 amparo allowing a same‑sex couple to register a child and a July 2025 decision recognizing exploitation in an abusive surrogacy contract.