The Supreme Court of Justice of the Nation (SCJN) resolved that the states may allow women to charge for the income of wombs, or that this surrogate service be granted altruistically.
During the second day of debate on the income of wombs, the ministers of the Court resolved that the Congress of Tabasco did not incur in legislative omission, since the states have powers to decide and regulate the aspects of surrogacy.
In the analysis of the unconstitutionality action presented by the defunct Attorney General’s Office (PGR) against surrogacy included in the Civil Code of Tabasco in 2016, the Court upheld that women rent their wombs to couples or single people who cannot have children of their own.
Minister Norma Piña clarified that The issue is not the sale of children, but the freedom of women to decide to provide the pregnancy service and their right to charge or not for this practice, as well as the characteristics of the corresponding contract itself that can be regulated by state congresses.
For his part, Minister Juan Luis González Alcántara stated that this surrogacy practice is altruistic, only with the reimbursement to the pregnant woman of the expenses generated by the pregnancy, after considering that “Allowing collection for a profit is like accepting the sale of children.”
In this regard, the president of the Court, Arturo Zaldívar Lelo de Larrea, said that the most convenient thing is to regulate both modalities, in order to prevent women with limited resources from engaging in clandestine practices.
In the debate, The plenary session of the SCJN also declared unconstitutional that women in Tabasco require the permission of their spouse or common-law partner to rent their bellies.