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Mexico - Legal and Ethical Aspects

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 MEXICO

In Mexico, as in the rest of the world, the increasing development of TRA has been a huge challenge to the legislation. The new science - medical exceeded anything that could have been foreseen by law. Legal science has to face many questions related to new family structures, different affiliations that arise from the donation of gametes and hiring surrogate mothers or subrogated, to the final disposition of gametes and embryos, and in general, to new social conditions created by family and reproductive assistance.

Must be approved homologous insemination with husband's sperm after his death? Must have access to insemination single women, widows, divorcees and concubines? Must maintain the anonymity of those who donate their gametes? Is it legitimate financial compensation for donors? Is ethically justified maternity substitute the call? Should it be legal to pay Surrogate mothers? Should I resign from the donor to parental gametes to a third party anonymous? What is the ethical and anthropological status of the embryo, it can be donation, purchase and sale or adoption? Can be manipulated embryos for research and experimentation?

Perhaps the work of translating answers in legislation more difficult in the Mexican culture in other countries where the concept of family ties and no shapes the lives of children, adults and elderly as in Mexico.

There is no greater insult to a Mexican dishonorable mention his mother, regardless of age of the victim and her mother is alive or not. "Old-menopausal" is an insult directed at adult women who express their anger in an express manner, regardless of age and hormonal condition. Both examples reflect the strength of family ties, particularly motherhood, and the high value placed on fertility in Mexico.

In these circumstances, the prevailing controversy in the process of legal regulation and regulation of assisted reproduction. The Federal Civil Code and the General Health Act are the instruments that govern and regulate medical practice throughout the country. Additionally, each state has its own Civil Code. Currently only two states included in the Mexican Civil Code laws governing the implementation of the TRA, the State of Guerrero and the State of Tabasco.

The General Health Act includes current concepts regarding the TRA, such as germ cell and embryo, but is not specific in regard to the essential questions raised above.

In April 1997, State of Tabasco lawmakers responded to several of these questions through the reform of the Civil Code for the State. His intention was to make civil law Tabasco one of the most current and modern in the country. This code legitimizes and legalizes artificial insemination, in vitro fertilization and other assisted reproduction method, but limited to married couples and those living in public as if they were husband and wife, without any impediment to marry each other. This code establishes the obligation of the consent of both partners as a prerequisite for access to reproductive care and determines that grounds for divorce is the insemination of the woman without the consent of her partner. It also recognizes the separation of biological parents and the parents and legal differences to the biological mother of the substitute or surrogate mother. In case of surrogacy, the woman feels like a mother contracting law.

The Civil Code of the State of Tabasco indissociable provides several important aspects of the implementation of the TRA. However, this legal approach, unprecedented in this country, it contains other implications of assisted reproduction: post-insemination, in the anonymity of the donor insemination heterologous and the disposition of embryos transferred in excess of one cycle.

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Legal Aspects of Mexico surrogate motherhood
In Mexico firms represents the Intended Parents who arrange surrogacy agreements through CSP. This role includes drafting the appropriate contracts, providing legal counseling and assisting couples through the termination of the parental rights of the Surrogate Mother and/or Egg Donor. Surrogate Mothers are represented by independent counsel to assure that they fully understand the rights and obligations of entering into the agreement.
In Mexico it is critical that all parties to a surrogacy agreement have had an opportunity to properly evaluate the risks involved in selected infertility treatments prior to the commencement of any medical procedures. It is also critical that the parties have carefully considered the legal ramifications of entering into a written surrogacy agreement itself.
Because a surrogacy contract involves constitutionally protected parental rights and reproductive freedoms, obtaining legal representation is an important step to creating a valid surrogacy agreement with a Surrogate Mother and Intended Parents.
Comprehensive contracts should be executed prior to entering into any surrogacy arrangement to memorialize the intent of the parties. As two recent ground-breaking California cases, Johnson v. Calvert and Buzzanca v. Buzzanca, have illustrated, legal parental relationships may be established when Intended Parents initiate and consent to medical procedures intending to create a child they will raise, regardless of whether there is a genetic relationship between them and the child. The clearest manifestation of this intent is the contract.
Although few jurisdictions have passed laws on the legality of surrogate parenting, this burgeoning area is generating tremendous interest among legal scholars. Without question, surrogacy activity in both the legislative arena and in the courts is inciting both positive and negative responses and, in many instances, leaving the law in a state of flux.
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