Lesbian couple, the first to marry in Michoacan, wins legal right to become mothers

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

Lesbian couple, the first to marry in Michoacan, wins legal right to become mothers
28 July 2014

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.

HAVE YOUR SAY

MORE TOP STORIES

No thumbnail available

Nigerian gay activists warn ban on gay advocacy will see more HIV

A group of Nigerian advocates for the rights of sexual minorities say a bill banning gay groups which could be signed into law at any time by the country’s president will have unintended consequences for the country’s fight against HIV
No thumbnail available

Learn a little Dutch with our big gay language guide

Gay Star Travel editor Jean Paul Zapata is an Amsterdam virgin. May these translations be his guide
No thumbnail available

Australian marriage equality advocates send Christmas message

Marriage equality advocates in Australia are encouraging people to talk about the importance of marriage equality when they spend time with their family these holidays
No thumbnail available
No thumbnail available

Thousands demand court stops jailing people for not telling sex partners they are trans

Scottish Transgender Alliance has filed a petition with the Crown Office and Procurator Fiscal Service urging them to work with trans equality groups
No thumbnail available

Nigeria delays ruling on anti-gay law again

Court postpones ruling on a case seeking to repeal the Same Sex Marriage (Prohibition) Act for a second time
No thumbnail available

Chinese propaganda campaign accidentally hints at gay prison sex

Officials in the Chinese city of Manzhouli have had to withdraw a propaganda campaign aimed at encouraging people to obey the law after it appeared to suggest going to prison would result in gay sex
No thumbnail available

419-pound winner of Mr Gay UK London disqualified on a technicality...

For wearing his organizer-provided underwear on his head instead of his groin during the underwear segment
No thumbnail available

Turkish court fines bathhouse owner for refusing transgender woman entry

Verdict hailed a small but significant victory for the LGBT community in the secularly ruled, traditionally Muslim country
No thumbnail available

Leading Australian Government MP: ‘we will vote with our consciences on gay marriage before year’s end’

Australian Minister for Communications Malcolm Turnbull has told a community forum on same-sex marriage that he expects that Government MPs will be allowed to vote with their consciences on the issue and that a vote will come before the year’s end