we are going to define the surrogate pregnancy
as that agreement is actually
contract where a woman accepts
to gestate the son of another person
in that sense there are different
regulations in the world there are countries in
where it is prohibited, it prohibits
absolute
there are others where it is allowed but
only altruistic form and there are others in
where it is allowed by paying a
economic compensation for women
pregnant in mexico how is the
regulation
we have to start from this kind of
practices surrogate pregnancy is done
by reproduction techniques
either assisted fertilization in
vitro or artificial insemination
so in Mexico we do not have a
regulation as such in terms of the of
the techniques of assisted reproduction in
general what is there is in the general law
of health
we have recognized the issue of
family planning but not something in
specific information on access to access
assisted reproduction techniques
now well if we talk in terms of the
surrogate gestation in specific given
that this technique has a link
direct with the institution of the
affiliation is to say who is going to
attribute paternity and motherhood
when a baby is born
there are some states where cia and
regulation
the cases are tabasco and sinaloa
however these regulations by saying
at least they have some shortcomings of
made the supreme court of justice of the
nation is about to solve an action of
unconstitutionality that the
Attorney General of the Republic in
against the regulation that currently
has tabasco there are other states like
coahuila san luis potosí and querétaro in
where the practice is prohibited from
absolute way by the
ignorance of this type of agreements
in which in the case of the city of
mexico in the last administration there was
an attempt to regulate gestation
Subrogated legislation was passed
in the legislative assembly however
that reform was vetoed by the
then head of government of the district
federal since there were some flaws in
this regulation
except these these states the rest
says nothing then we know that this topic
because in Mexico they will have to be taken
some resolutions soon but not
we can make these decisions without knowing
what is the context in general around
to this one to this practice
There are different debates in the field
human rights from the scope of
the feminisms that can be grouped in
three great themes
one is going to prohibit or allow this
type of practices
2 there must be an economic remuneration
for pregnant women who accept
carry out this type of contracts and 3
who can access pregnancy
surrogate
on this last point some
legislations given the possible abuses
that can be presented in practice
have established different requirements what
which entry I think is very plausible
however in some cases these
requirements actually hide
prejudices going to give an example
there are places where it is said that the
access to reproduction techniques
surrogate pregnancy can only be
can access this practice couples
married or in concubinage formed by a
man and a woman
in that sense and taking into account the
jurisprudence of the supreme court of
justice and current legislation
because in Mexico he will have a vice
unconstitutionality and beyond that
I ask myself to limit access to
couples that are not heterosexual
it does not really guarantee that there is not
abuses in this type of practice
on the second point the remuneration
for pregnant women
there are different positions for a
part who say gay
we are going to accept that issue of pregnancy
surrogate but this agreement has to
be altruistic
there are those who say that the reason they give
is that the payments that are made
women are so low that practically
it is an exploitation against
they
on the other side but in that position
also of altruism
there are those who say that sums can
be so tall
if it is followed in relation to other
activities that can be carried out
these women that rationally is
impossible to refuse to carry out this
type of contracts and on the other side
there are laws and positions that
they say good
we start in the capacity of the agency
women to choose to carry out not
this kind of contracts and you take the
gestation as a reproductive service
and in this case it is plausible that there
a payment of half
is the case for example of california in
the united states where both
national people as foreigners
even Mexicans go to this state of
united states and they carry out this type
of contracts
now we return to the first point of
debate that I think is the
fundamentally we are not moving anymore
now in mexico in terms of
we allow or prohibit this practice
because the two other points are in a
permissive context whether altruistic or
remunerated who can access but
you can allow this kind of techniques
There are those who say that this plane is
technique must be prohibited because it is
inherently deplorable and coercive
against women that range from
prohibit the level of civil codes or
even penalize it there is another position of
who think that this technique is
these agreements have to be allowed
however there are from feminisms there
a whole answer to a question in
terms of whether these women who are
agreeing to gestate the son of one of
another person
they are in
conditions of economic inequality and
socially they do not really allow them
make free decisions and it seems to me that
this topic has to be taken seriously
in that sense I have put to thinking and and
in the organization where in which
job
if there are no other activities where
which are mainly made
for women where there are inequalities
economic and social among those
they provide the services and those who are going to
benefit from these
I think for example in the workers
of the maquila or the workers
domestic
the answer of the right would have to be
prohibit these activities as such
I think not at all then in everything
what has been seen in practice
in these on these issues is that you
women who carry all the
activities are organized and will have to
give the answers so there is a
greater protection of these activities and
do not suffer abuses exploitation or
including violence against gas
but not prohibit as such the activity
in that sense from tour that the
organization where I work
we have given the task of talking with
the women who have gestated for another
person and we have met thousands
of reasons that motivate them since the
women who saw in this a good one
good way to get money to pay
health treatments or to assemble a
business that allows them to have a better
future to the church and their families
all this you can see in the wheel and
a documentary called desires that
it is available that I invite you to
see it to hear the voices of these
women who have decided to participate in
this kind of agreements on tour also
we have documented dozens of cases
where we have seen on the one hand that
the lack of a regulation e really
based on human rights
First, it encourages
legal uncertainty the parties do not
they know what their rights are and what
are your obligations
the greatest mate we have seen is the
denial of the birth certificates of
children who have already been born by these
techniques and what we see is that once
that the child is born and have no record of
birth, it’s as if it was not
juridically
we have had cases where parents
they are foreigners and as it does not have the triple
foundations it is not possible to obtain the
passport and it is impossible to return to their
countries of origin
in that sense I know that the gestation
Surrogate is a very complex issue
however it is a matter of attitude of
present the state through the
right you have to be responsible for
this topic in terms of protecting from
best way the interests of the parties
involved
I think and it’s from my point of view
I see that the option for stops to get there
to that end it is precisely the regulation
and no the term prohibition is this
talk quoting the writer comes that
bay fans in a nazist who does in his
book the world on the left that said
live and let live that was the maximum
famous well-being
Thank you
[Applause]
”
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