Mexico City — The Supreme Court unanimously allowed a gay male couple from Yucatan to register their 3-year-old child with their own last names.
The child was conceived with a surrogate mother.
Justices agreed with Minister José Ramón Cossío Díaz that the minor’s rights would be upheld in the decision. Protecting couple’s right to a private life was also a factor in the decision, the court said.
“The minor requires for his development to have all the rights derived from being legally tied to parents,” the ruling said. Food, inheritance, care, education and affection are considered the rights of every child in Mexico.
The infant’s biological mother has made no custody claims on the infant.
The court ruled that the child is best “cared for by people who want to take care of him and have done so since his birth.”
The matter went before the court after Yucatan Civil Registry authorities refused to register the child on the grounds that there was no biological link between the minor and one of the two dads.
In the ruling, the federal judge cited Article 4 of Mexico’s Constitution, which safeguards the right of every person to decide freely to have children, as many and as often as they choose, without any regard to sexual preference.
Surrogate motherhood is legally addressed only in San Luis Potosí and Tabasco.
The ruling follows a precedent that began when a lesbian couple in Yucatan filed an amparo under similar circumstances in 2015.
When the child of that same-sex couple was recognized as their legitimate son in the Yucatán state civil registry, it was a historic first.
The couple, known only as Karla and Lorena, registered in the Fifth District Court on June 26, according to human rights group Indignación.
The names of the male couple were not reported.
Source: Diario de Yucatán