Abstract

OLAVARRIA, María Eugenia. The non regulation of surrogacy in Mexico between 2018 and 2021. Laicism or evangelism?. Inter disciplina [online]. 2022, vol.10, n.28, pp.111-128.  Epub Dec 05, 2022. ISSN 2448-5705.  https://doi.org/10.22201/ceiich.24485705e.2022.28.83292.

This article explores the context of the non regulation of gestational surrogacy in Mexico in the last three years. Through the legislative initiatives presented at the Congress of the Union and the rulings of the Supreme Court of Justice of the Nation during 2021, this work asks whether they contribute to the strengthening of state secularism and to what extent the recent visibility evangelical associations and confessional based parties contribute to this regard. Based on the review of the content of the proposals to modify the Federal Health Law by Senator Olga Sánchez Cordero of the party in power, the National Regeneration Movement (Morena), as well as the main educational document of the federal government, the Cartilla moral, the three main features of the religious perspective are discussed: 1) affirmation of the fertilized egg as a person; 2) rejection of “gender ideology” and 3) the notion of natural family. Given the fact that the twenty initiatives presented since 2011 before the chambers of deputies and senators are in ‘pending’ status, it is concluded together with medical specialists (Canales de la Fuente 2019, 13) and feminist civil associations (GIRE A. C. 2021, 332) that, despite the fact that medically assisted human reproduction techniques have been performed in Mexico for more than four decades in public and private clinics and hospitals, until now there is no regulatory framework that allows guaranteeing access to this technique, type of care, producing uncertainty, risks for those involved and opening the door to possible acts of discrimination.

Keywords : gestational surrogacy; assisted reproductive techniques (ART); Mexico; laicity.

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