In Mexico, Abortion is regulated by the penal codes of each state. Contrary to what is generally thought, abortion is a legal health service in the country and is decriminalized under certain situations or conditions, depending on the state in which the abortion is performed.Depending on the state of the Mexican Republic in which the termination of pregnancy is performed, people who have abortions and those who assist them in these cases cannot be punished for it.
To date , Mexico City, Oaxaca, Hidalgo, Veracruz, Baja California, Colima, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Aguascalientes, Puebla, Jalisco, Michoacán, San Luis Potosí, Chiapas, Zacatecas and the State of Mexico by law allow abortion on request or legal termination of pregnancy up to 12 weeks of gestation (1), with the exception of Sinaloa which allows it up to 13 weeks and Aguascalientes which restricts it to 6 weeks.
In addition, as of a ruling of the Plenary of the Supreme Court of Justice of Mexico (SCJN) voted on September 7, 2021 of the Supreme Court of Justice of the Nation (SCJN) voted on September 7, 2021, women and persons with gestational capacity may choose to terminate their pregnancies at Coahuila. The ruling declared invalid the prison sentences for persons who voluntarily perform abortions or those who cause them to have abortions with their consent, previously provided for in article 196 of the Penal Code of the state, on the grounds that they violate the right of women and pregnant women to decide. Therefore, in the entity there is no penalty for those who terminate a pregnancy in the early stages of pregnancy if it is done voluntarily and with the consent of the woman or pregnant person and regardless of her reasons for doing so.
The ruling on Coahuila’s abortion legislation was taken up by lower courts when studying the regulation of abortion in other states (2). For example, in Chihuahua, there are three rulings by Collegiate Courts that have found the Secretary of Health of the State of Chihuahua and the State Health Services responsible for refusing to inform and provide abortion services at the beginning of the pregnancy process. As a result of these rulings, Chihuahua’s health services must inform and provide access to abortion in early pregnancy, based on the Mexican constitution, as well as in cases authorized by the state’s criminal law.
After 12 weeks of gestation, and in the case of Sinaloa after week 13 or in Aguascalientes after week 6, persons in Mexico City, Oaxaca, Hidalgo, Veracruz, Baja California, Colima, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Aguascalientes, Puebla, Jalisco, San Luis Potosí, Chiapas, Zacatecas, Estado de México, Chihuahua and Coahuila may request an abortion in specific situations or on grounds expressly provided for in their criminal laws. Similarly, States that do not decriminalize abortion in the first trimester always establish grounds for abortion in their laws, regardless of gestational age.
In total, Mexican law recognizes 17 situations or conditions permitted by law, varying from entity to entity. Learn about all the grounds for abortion in the states of Mexico and the requirements to access them:
1. When the pregnancy is the result of sexual violence. This cause applies throughout Mexico, i.e., in any of the 32 states, health care must be provided immediately and does not require the filing of a criminal complaint against the aggressor.
2. When the pregnant person’s life is in danger. This ground exists in 23 states of the republic and applies when continuing the pregnancy would endanger the life of the pregnant person, even if this danger is not immediate.
In Baja California Sur, Colima, State of Mexico, Guerrero, Hidalgo, Oaxaca, Quintana Roo and Veracruz, the judgment of the health personnel attending the pregnant woman is sufficient to determine whether the abortion is appropriate. In the rest of the states, the law requires that the opinion of another physician be heard when possible and when the delay would not be dangerous. However, there are SCJN rulings that have declared this requirement unconstitutional.
3. When there is a likelihood that the health (physical, psychological or social) of the pregnant person may be affected by the pregnancy.. This ground is provided for in 20 states of the Mexican Republic. A pregnant woman can access a legal abortion procedure when the pregnancy deteriorates, affects or compromises her health, and also when the pregnancy aggravates a pre-existing or chronic physical or mental condition. Likewise, when the pregnancy prevents the continuation of any medical or therapeutic treatment.
In these cases, the judgment of the health personnel assisting the pregnant woman is sufficient to determine the appropriateness of the abortion, except in Baja California, Campeche, Chihuahua, Mexico City, Coahuila, Colima, Nayarit, Nuevo León, Sinaloa, Tamaulipas, Tlaxcala, and Zacatecas, which require them to hear the opinion of another physician when possible and when the delay is not dangerous.
4. When the product has severe genetic or congenital malformations. Included in 20 states, it proceeds when serious genetic or congenital alterations or malformations are diagnosed in the product.
In the State of Mexico, Veracruz, Hidalgo, Morelos, Oaxaca, Puebla and Jalisco the opinion of a physician is required, in Baja California Sury Guerrero when it is possible and the delay is not dangerous, the opinion of a second health professional must be heard. The rest of the entities that contemplate this cause require the opinion of two physicians for it to proceed.
5. When the abortion is performed for medical reasons. This ground is in force in Michoacán. It refers to situations in which the health professional attending the pregnant person, based on objective clinical criteria, identifies that the health will be negatively affected with the continuation of a pregnancy, due to the presence of certain risk factors.
6. When the pregnancy is the result of a non-consensual artificial insemination. Recognized in 21 states. Attention in health services must be immediate and does not require the filing of a criminal complaint against the aggressor.
7. When the pregnancy is the result of rape. That is, the pregnant person is a minor, but older than fifteen years of age at the time of sexual intercourse, and her consent was obtained by means of seduction or through deception. This ground is in force in Aguascalientes and Hidalgo. Since it is a crime, the attention in the health services must be immediate and does not require the filing of a criminal complaint against the aggressor.
8. When the pregnancy is the result of child sexual abuse. That is, the pregnant person is a minor under eighteen years of age at the time of sexual intercourse. This ground is in force in Jalisco. Since it is a crime, the attention in the health services must be immediate and does not require the filing of a criminal complaint against the aggressor.
9. For serious economic causes. This cause is in effect in Michoacán and Yucatán. In these cases it is required to justify the economic condition. In addition, in Yucatan the pregnant person must have at least three children.
10. When the pregnant person could not identify the pregnancy from the beginning because of a gynecological disorder. This ground exists in the State of Mexico and Sinaloa. Srefers to situations in which the pregnant person suffers from a gynecological condition and/or pathology that would prevent her from identifying pregnancy in the first trimester. For example, polycystic ovary or menstrual irregularities. In Sinaloa, the opinion of two medical specialists is required. In the State of Mexico, the opinion of a medical specialist is sufficient to determine if the pregnancy is appropriate in the State of Mexico.
11. When an authority had previously denied the possibility of interrupting the pregnancy in the first twelve weeks of gestation.. This ground is in force in Colima, Guerrero, Baja California Sur and Michoacán.
12. When, in the provision of services, the medical or nursing personnel failed to inform the pregnant woman of her right to terminate her pregnancy correctly and in a timely manner,the medical or nursing personnel failed to inform the pregnant woman correctly and in a timely manner of her right to terminate her pregnancy. legally and safely during the first twelve weeks of gestation. This ground is in force in Colima.
13. Threats or concealment. When the pregnant person was concealed or threatened to prevent her from terminating her pregnancy in the first trimester of pregnancy. This ground is in force in the State of Mexico.
14. Obstruction of service. When the termination of the pregnancy was obstructed within the time period that the law authorizes abortion on request. This ground is in force in the State of Mexico.
15. Deprivation of liberty. The State of Mexico is the only entity that contemplates deprivation of liberty as a cause. Article 258 of the Penal Code for the State of Mexico defines deprivation of liberty.
16. When the abortion is the consequence of an unintentional act (reckless or accidental). This ground exists in 30 entities and refers to situations in which the pregnant person performs an action or omission that results in abortion without intending that this is the consequence of her action or omission. For example, the abortion occurs as a result of an automobile accident.
17. When the abortion is spontaneous. When the pregnant person experienced thespontaneous loss of a pregnancy before 24 weeks of gestation, that is, before the fetus is normally viable outside the uterus (WHO, 2022). Aguascalientes is the only state that expressly refers to spontaneous abortion.
The Mexican Constitution establishes in its article 4 that all people have the right to decide when and how many children we want to have. Therefore, if you want to know more about what situations or conditions are allowed in your state to access or provide a legal abortion procedure, see our table containing the grounds allowed in each state:
Remember that in cases of legal abortion, i.e., in the circumstances that are decriminalized according to the Penal Code of the state where you are, you can go to public services. Here you can find clinic locations, opening hours and requirements to access the service, or in case you are a health care provider, refer your patient. Particularly, in Mexico City, regardless of your place of residence, you can go to the following clinics Legal Abortion Clinics in the CDMXwhere it is possible to access a safe, legal and generally free procedure or with a small recovery fee, with the support of trained personnel, adequate technology and sufficient infrastructure without endangering your life or health.
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(1) In Nayarit, the process of partial decriminalization of abortion has been approved and is awaiting its entry into force. This means that, although the decision has already been made to modify the norm, we are still waiting for this measure to become official and begin to be applicable. As soon as it enters into force, our contents will be updated so that you are aware of the current law.
(2) For more information on other States affected by these legal rulings, their scope and consequences, see: Abortion in my country (ipaslac.org).
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