Mexico Advances toward Universal Abortion Access, Recognizing Fetal Personhood at 12 Weeks
Mexico City – A recent proposal seeks to solidify access to abortion care nationwide by formally recognizing pregnancy termination as a health service and establishing legal clarity around fetal personhood beginning at the twelfth week of gestation. the move follows a landmark November 25, 2024, decision by the Mexican Congress to decriminalize abortion up to 12 weeks through amendments to the state Penal Code, bolstering sexual and reproductive rights for women and pregnant individuals.
the proposed changes aim to provide operational and legal certainty for healthcare providers, ensuring consistent access to abortion services across the country. Crucially, the framework prioritizes a gender perspective in all cases not explicitly addressed by law, consistently favoring the pregnant personS well-being. This includes provisions for non-objecting healthcare personnel, allowing them to recuse themselves from performing abortions without penalty. The recognition of a natural person’s status from the twelfth week aligns with existing criminal legislation regarding abortion interruption, offering a defined legal boundary.
The reforms build upon the recent federal decriminalization, wich removed abortion as a criminal offense up to 12 weeks of gestation. Prior to this, abortion laws varied significantly across Mexico’s states, with some permitting the procedure under limited circumstances and others imposing outright bans. The new federal standard, coupled with the proposed consolidation of abortion as a health service, represents a significant step toward universal access to reproductive healthcare in Mexico.
