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Puerto Vallarta News NetworkNews Around the Republic of Mexico 

Married Lesbians Win Right to Motherhood in Mexico

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July 29, 2013

Michoacan, Mexico - A lesbian couple in Mexico won a court ruling validating their marriage, allowing them to pursue parenthood should they wish.

Alejandra Banderas Rosales and Claudia Brizeiry López Ramos, who became the first same-sex couple to legally wed in the state of Michoacan on March 12, 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 the Michoacan newspaper Quadratin, a court 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.

Original Story


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