Abortion in Mexico

In Mexico, abortion on request (elective abortion) is legal at the federal level during the first trimester (the first twelve weeks of a pregnancy, i.e. the first fifteen weeks LMP).^[3] Elective abortion is being gradually legalized at the state level due to rulings by the Supreme Court, and in the meantime is available in all states. Abortion beyond the first trimester is available for various legal grounds, such as rape and health, that vary by state.

On 7 September 2021, the Mexican Supreme Court unanimously ruled that penalizing abortion at any stage of pregnancy is unconstitutional, setting a precedent across the country.^[4]^[5] Abortion has not been a federal crime in Mexico since that date.^[6] However, criminal law in Mexico varies by state. Before 2019, abortion had been severely restricted outside of Mexico City, where elective abortion in the first trimester was legalized in 2007.^[7]^[8] As of February 2025^[update], elective abortion in the first trimester is legal in Mexico City and the states of Oaxaca, Hidalgo, Veracruz, Coahuila, Colima, Baja California, Sinaloa, Guerrero, Baja California Sur, Quintana Roo, Aguascalientes, Puebla, Jalisco, Michoacán, San Luis Potosí, Zacatecas, the State of Mexico, Chiapas, Nayarit, Chihuahua, Campeche, and Yucatán. The Supreme Court has issued judicial orders to Morelos to harmonize their laws.^[9] Several northern states have reported people from the United States traveling to Mexico for abortions, including to states such as Nuevo León that have unenforced bans, as there is no residency requirement.^[10]^[11]^[12] However, even in states where abortion is now legal, there continue to be women in pre-trial detention for murder due to spontaneous miscarriage, though the number of such cases has been drastically reduced since 2021.

^ The wording of the law is that it is legal in the first 12 weeks or before the 13th week; this is equivalent to 15 weeks gestational age in the US
^ All state laws grant exceptions for rape and life of the mother; many also for maternal health and fetal defects, but a police report not required for the rape exemption, and in any case, abortion-providers are not prosecuted since the Supreme Court ruling
^ In Mexico, pregnancy is counted from implantationp. 19 rather than from the end of the last menstruation.
^ Romo, Vanessa (7 September 2021). "Mexico's Supreme Court Has Voted To Decriminalize Abortion". National Public Radio. Retrieved 9 September 2021.
^ González, Oriana (7 September 2021). "Mexico's supreme court decriminalizes abortion". Axios. Retrieved 9 September 2021.
^ "Mexico's Supreme Court Orders Federal Decriminalization of Abortion". Human Rights Watch. 8 September 2023.
^ Cite error: The named reference gomez_2011 was invoked but never defined (see the help page).
^ Gaestel, Allyn; Shelley, Allison (1 October 2014). "Mexican women pay high price for country's rigid abortion laws". The Guardian. Retrieved 31 July 2016.
^ Mata, Ana Lilia (10 November 2024). "Antes del 15 de diciembre, reforma sobre aborto: Rafael Reyes". La Unión.
^ Quiroz, Lilly (31 August 2022). "This Mexican clinic is offering discreet abortions to Americans just over the border". National Public Radio. Retrieved 31 August 2022.
^ Weiss, Elias (28 June 2022). "Arizona Women Eye Mexico for Abortions, Amid Conflicting Advice". Phoenix New Times. Archived from the original on 12 July 2022. Retrieved 26 July 2022.
^ Linares, Albinson; Telemundo, Noticias Telemundo; Gutiérrez, Maricruz (1 July 2022). "'We're here': Mexican groups slam U.S. abortion restrictions as they help more American women". NBC News. Archived from the original on 26 July 2022. Retrieved 26 July 2022.

[1] The wording of the law is that it is legal in the first 12 weeks or before the 13th week; this is equivalent to 15 weeks gestational age in the US

[2] All state laws grant exceptions for rape and life of the mother; many also for maternal health and fetal defects, but a police report not required for the rape exemption, and in any case, abortion-providers are not prosecuted since the Supreme Court ruling

[3] In Mexico, pregnancy is counted from implantationp. 19 rather than from the end of the last menstruation.

[4] Romo, Vanessa (7 September 2021). "Mexico's Supreme Court Has Voted To Decriminalize Abortion". National Public Radio. Retrieved 9 September 2021.

[5] González, Oriana (7 September 2021). "Mexico's supreme court decriminalizes abortion". Axios. Retrieved 9 September 2021.

[6] "Mexico's Supreme Court Orders Federal Decriminalization of Abortion". Human Rights Watch. 8 September 2023.

[gomez_2011-7] Cite error: The named reference gomez_2011 was invoked but never defined (see the help page).

[Gaestel_&_Shelley,_2014-8] Gaestel, Allyn; Shelley, Allison (1 October 2014). "Mexican women pay high price for country's rigid abortion laws". The Guardian. Retrieved 31 July 2016.

[9] Mata, Ana Lilia (10 November 2024). "Antes del 15 de diciembre, reforma sobre aborto: Rafael Reyes". La Unión.

[10] Quiroz, Lilly (31 August 2022). "This Mexican clinic is offering discreet abortions to Americans just over the border". National Public Radio. Retrieved 31 August 2022.

[11] Weiss, Elias (28 June 2022). "Arizona Women Eye Mexico for Abortions, Amid Conflicting Advice". Phoenix New Times. Archived from the original on 12 July 2022. Retrieved 26 July 2022.

[12] Linares, Albinson; Telemundo, Noticias Telemundo; Gutiérrez, Maricruz (1 July 2022). "'We're here': Mexican groups slam U.S. abortion restrictions as they help more American women". NBC News. Archived from the original on 26 July 2022. Retrieved 26 July 2022.

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