September 27th we will make history in Tabasco, Mexico.
For the first time in the history of Tabasco and Mexico justice, Mexico Surrogacy Agency and Helping to Create Families Foundation have brought before the Civil Court in Tabasco a non-contentious proceeding looking for the first filiations sentence by a judge, throughout voluntary jurisdiction proceedings.
The changes in the civil code of Tabasco with respect to gestational surrogacy, where surrogacy is legally established, has allowed access to people with fertility problems, like heterosexual couples, same sex couples, as well as single men and women, looking for a child throughout gestational surrogacy. However, these changes do not state the way this process should be carried out in order for the intended parents to obtain a legal instrument that establishes the relationship with the children born via surrogacy.
Moreover, the surrogacy agencies in Tabasco, did not provide the intended parents the security that the baby born via surrogacy would be recognized as their child legally. That is why, even when the laws in Tabasco do not require it, Mexico Surrogacy and Helping to Create Families Foundation have decided to present before a civil court all the surrogacy cases carried out at this agency, so that a Family court judge would state the legal relationship between the intended parents and the child born via surrogacy throughout a filiation sentence and established this before the Civil Registry in Tabasco.
Until now, the surrogacy agencies carried out this process in a very different way. The agencies and the neonatologist agreed to establish the Intended mother as the legal mother in the Certificate of Live Birth and excluded the gestational surrogate mother from all those papers. In the case of same sex couples, one intended parent was established as the legal parent and the surrogate mother as the legal mother in the Certificate of Live Birth and then they would agree that the surrogate mother had to give up the baby, so the intended parent would have full custody of the baby. Many intended parents were in legal troubles and many others were not able to obtain the legal papers of the baby in the Civil Registry.
Mexico Surrogacy Agency has started the first non-contentious proceeding in order to obtain a filiation sentence, to establish the intended parents as the legal parents of the newborn. Besides, throughout this proceeding the intended parents and the surrogate mother will have rights and obligations that shall be followed. There are three parts involved in this process: the Family court judge, the Public prosecution office (the fiscal) and the DIF (Comprehensive Development for Families, for its acronym in Spanish); the last one is in charge of protecting the rights of the surrogate and the child.
September 27th will be a key date in this process, as for the first time in Tabasco, the Judge has requested the presence in court of an intended parent. The judge also requested the presence of the surrogate mother who is carrying a baby who was conceived throughout assisted reproduction techniques.
In the case of the newborns of Spanish couples, they will be legally registered as their own in the Spanish Civil Registry, as it is a non-contentious proceeding and has all the points required on the resolution for the registry of the children born by this procedure.
By Carlos Rosillo Herrera
President of the 'Helping to Create Families Foundation'
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Carlos Rosillo Herrera 2014-09-01 Articles/Press Releases