The first same-sex couple to legally marry in the Mexican state of Michoacan has set another precedent in obtaining the legal right to have children
A lesbian couple in Mexico won a court ruling validating their marriage, allowing them to pursue parenthood should they wish.
Alejandra Banderas Rosales y Claudia Brizeiry López Ramos, who became the first same-sex couple to legally wed in the state of Michoacan on 12 March 2014, were informed over the weekend their case against Mexico’s Family Code proved successful.
The couple was battling against Articles 123 and 125 of the Family Code, which respectively state marriage must be between a man and a woman and while marriage is used to propagate the species, it does not obligate a couple to have children.
In states where unions of same-sex couples may not be recognized, the couples risk losing custody of their children depending on the case or birth parents of the child.
According to Quadratin, a court in Michoacan found the two articles were in direct conflict with the Magna Carta and the Treaty of International Human Rights signed by the Mexican government.
Gumesindo García Morelos, the legal representative overseeing the case, said the other favorable part of this decision is that ‘it determines that the State is obligated to comply should the couple wish to adopt or if one of them has a child, they couple can keep the child, on top of the fact that they can seek assisted reproduction.’
While the court has ruled in favor of the couple, it is not clear how or if this ruling will apply to other same-sex couples, and Congress is still able to oppose the decision.
Same-sex marriage is not legal nationwide in Mexico, but same-sex civil unions can be legally performed in Mexico City, Jalisco, Campeche and Colima, with several other individual cases approved in many more of the 31 Mexican states.