Mexican Supreme Court Invalidates Roadblock for Same-Sex Couple Adoption in Campeche

By Dania Vargas Austryjak

State law was deemed unconstitutional.

Almost two months ago, the Mexican Supreme Court ruled that forbidding same-sex couples the right to be married as unconstitutional, regardless of local or state laws. More recently, on Tuesday August 11, with a 9 to 1 ruling on behalf of the Justices, the same Court declared that a law in the state of Campeche impeding couples in same-sex partnerships to adopt children as invalid and unconstitutional.

The Human Rights Commission of Campeche brought this motion to the Supreme Court in early July. In fact, this law excluded all couples joined in non-marriage domestic partnerships from adopting children. Technically, because Campeche’s state law does not allow same-sex marriage, this would exclude gay couples from adopting.

Transgender Couple Child

Original Image: “Transgender Couple with Child” by Sharon Mattheson-McCutcheon, used under CC BY 2.0, via Flickr.

The same law also required the automatic removal of parental rights, guardianship and custody from anyone couple in a non-marriage domestic partnership. This would apply regardless of whether or not anyone in the partnership is a biological parent of the child concerned.

The Supreme Court’s decision was mainly based on the defense of the child’s rights. "I see no problem for a child to be adopted in a society of co-existence, which has precisely this purpose,” said the Court’s Presiding Judge Luis Maria Aguila on the day of the decision. “Are we going to prefer to have children in the street, which according to statistics exceed 100,000? We attend, of course, and perhaps with the same intensity or more, to the interests of the child."

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