Abortion in Mexico

Currently, in Mexico, it is possible to access safe abortion services. Although criminal legislation varies by state, throughout the country, it is possible to request a legal termination of pregnancy if you were a victim of rape. Also, in Aguascalientes, Baja California, Baja California Sur, Mexico City, Coahuila, Colima, Guerrero, Hidalgo, Oaxaca, Quintana Roo, and Veracruz, voluntary abortion is accessible during the first 12 weeks of gestation freely, safely, and free of charge, and in the case of Sinaloa up to week 13.

Additionally, it is important to highlight that in September 2021, the Supreme Court of Justice of the Nation established, in the case of Coahuila, that criminalizing abortion without leaving any margin for women and people with the capacity to gestate to be able to abort is unconstitutional and violates rights such as the free development of personality, equality and non-discrimination, health, and sexual and reproductive rights. This decision set a precedent regarding the decriminalization of abortion and in September 2023 abortion was decriminalized throughout the country, eliminating the crime of voluntary abortion from the Federal Penal Code, which means that no woman or pregnant person can be punished for aborting. or for performing an abortion, in the case of health personnel.

It is necessary to mention that, in all states of the Mexican Republic, there is the presence of at least one group, network, organization, or feminist collective of safe abortion companions willing to provide information on access to safe abortion services.

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Is abortion legal in Mexico?

Abortion is decriminalized at the federal level thanks to the ruling of September 2023. However, in Mexico each State has autonomy to carry out its legislation, so due to this, each federal entity still needs to make the pertinent adjustments to their local criminal codes to harmonize them with the federal legislation.

The federal government’s Ministry of Health in 2022 initiated a program called “Safe Abortion,” which mandates that the public health sector of each federal entity has at least one space to provide legal pregnancy termination services. To regulate compliance, the Ministry of Health issued the Technical Guideline for the Care of Safe Abortion. Furthermore, in the ruling issued in September 2023 it is mentioned that federal health institutions, as well as IMSS and ISSTE, must provide abortion services to people who request it.

If you were a victim of rape, it is important to know that you have the right to access legal, safe, and free abortion in ALL states of the country. This, due to the protection of NOM-046 that regulates all health centers in Mexico, and which establishes that any person who is a victim of sexual violence can access a legal abortion without the need to file a criminal complaint, only requiring a written request from the person who wishes to access the procedure. Additionally, although some states have attempted to regulate it, it is important to know that NOM-046 does not require a maximum gestational week limit to guarantee the right to legal abortion in cases of rape.

Given that each State has different local legislations, even with the federal decriminalization, to date abortion remains classified as a crime in some state criminal codes, however these codes must be adjusted to the federal sentence.

At the moment, each State has some legal grounds that allow legal access to the procedure. The federal entities that have legalized abortion up to the 12th week of gestation are: Aguascalientes, Baja California, Baja California Sur, Mexico City, Coahuila, Colima, Guerrero, Hidalgo, Oaxaca, Quintana Roo and Veracruz; and Sinaloa  until week 13.

The legal grounds for accessing an abortion in each State are:

  • Aguascalientes—Rape, reckless or negligent conduct, if the woman’s life is in danger, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Baja California—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Baja California Sur—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Campeche—Rape, reckless or negligent conduct, and/or a woman’s health is at risk.
  • Chiapas—Rape, the woman’s life is in danger, and/or serious fetal abnormalities.
  • Chihuahua—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, and/or unwanted insemination.
  • Coahuila de Zaragoza—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Colima—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or omission of information.
  • Durango—Rape, reckless or negligent conduct, and/or if the woman’s life is in danger.
  • Guanajuato—Rape and/or reckless or negligent conduct.
  • Guerrero—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, unwanted insemination, serious fetal abnormalities, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Hidalgo—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Jalisco—Rape, reckless or negligent conduct, the woman’s life is in danger, and/or her health is at risk.
  • Mexico City—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Michoacán de Ocampo—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, unwanted insemination, serious fetal abnormalities, and/or economic problems.
  • Morelos—Rape, reckless or negligent conduct, the woman’s life is in danger, serious fetal abnormalities, and/or unwanted insemination.
  • Nayarit—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health.
  • Nuevo León—Rape, the woman’s life is in danger or there are risks to her health.
  • Oaxaca—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Puebla—Rape, reckless or negligent conduct, the woman’s life is in danger, and/or serious fetal abnormalities.
  • Querétaro—Rape and/or reckless or negligent conduct.
  • Quintana Roo—Rape, reckless or negligent conduct, the woman’s life is in danger, serious fetal abnormalities, and/or at the woman’s request up to 12 weeks of pregnancy.
  • San Luis Potosí—Rape, reckless or negligent conduct, the woman’s life is in danger, and/or unwanted insemination.
  • State of Mexico—Rape, reckless or negligent conduct, the woman’s life is in danger, and/or serious fetal abnormalities.
  • Sinaloa—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 13 weeks of pregnancy.
  • Sonora—Rape, reckless or negligent conduct, and/or if the woman’s life is in danger.
  • Tabasco—Rape, reckless or negligent conduct, the woman’s life is in danger, and/or unwanted insemination.
  • Tamaulipas—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health.
  • Tlaxcala—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, unwanted insemination, and/or fetal abnormalities.
  • Veracruz—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health, serious fetal abnormalities, unwanted insemination, and/or at the woman’s request up to 12 weeks of pregnancy.
  • Yucatán—Rape, reckless or negligent conduct, the woman’s life is in danger, serious fetal abnormalities, unwanted insemination, and/or for economic reasons.
  • Zacatecas—Rape, reckless or negligent conduct, the woman’s life is in danger or there are risks to her health.
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What are the abortion services available in Mexico?

  • Surgical Abortion:
    •  Manual vacuum aspiration (MVA), and less commonly used today, dilation and curettage (D&C).
  •  Medical Abortion:
    • Using Misoprostol alone (a medication that is available over-the-counter at pharmacies) or a combination of Mifepristone and Misoprostol (Mifepristone can only be obtained with a prescription at select pharmacies or through hospitals)

Note: D&C is an invasive method that involves more risk and days of recovery. International organizations do not recommend it unless it is the only possible option.

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Where can I go for abortion services in Mexico?

In Mexico, surgical abortions can be performed by registered health professionals such as:

  • Doctors
  • Medical interns
  • Gynecologists
  • Midwives
  • Nurses
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Where can I go for abortion services in Mexico?

There are options available for all contexts and budgets:

  • Private hospitals
  • Public hospitals
  • Private clinics
  • Private sanatoriums
  • Private registered health practitioners
  • Private facilities specializing in sexual and reproductive health, for example, Marie Stopes

Additionally, there are organizations, networks, and support groups that offer information about abortion and, in some cases, safe spaces to carry it out.

 

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What is the cost of a safe abortion in Mexico?

In Mexico, the cost of abortion services varies depending on the type of abortion and the healthcare center. Government facilities (public) listed under each state’s Health Secretary provide free abortion services. Most procedures in public health services also include a contraceptive method for free.

In private clinics:

  • Medical abortion (4–9 weeks): $500–$3,500 (MXN), about USD 28–USD 198.
  • Manual vacuum aspiration (8–12 weeks): $2,500–$7,000 (MXN), USD 140–USD 425.
  • Surgical abortion (8–12 weeks): $2,800–$9,500 (MXN), about USD 160–USD 540.

Health insurance: Each issuer may have different criteria for abortion coverage. 

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Which abortion pills are available in Mexico?

Misoprostol and mifepristone are legal medications in Mexico. Misoprostol does not require a prescription and is available in a variety of brands, depending on the pharmacy that sells them. Mifepristone is not available over the counter in pharmacies; in some cases, it can be obtained with a prescription, or it is provided by medical services. Some of the most common brands include:

  • Mifepristone (RU-486) plus misoprostol (Cytotec, Cyrux, Taneciprol, Apotex, Medimart, among others)
  • Misoprostol (Cytotec, Cyrux, Taneciprol, Apotex, Medimart, among others)

Where can I buy abortion pills in Mexico?

Misoprostol is available at almost all Mexican pharmacies. If a pharmacy does not sell it or requires a prescription, you can ask at other pharmacies until you find one that sells it. There are both generic and brand-name versions available at varying prices, $500–$3,500 (MXN), about USD 28–USD 198. Both generic and brand-name versions are highly effective. There are even several pharmacies that offer home delivery services.

Mifepristone can only be acquired with a prescription at some pharmacies.

Furthermore, most feminist groups, networks, organizations, or collectives that provide support can advise you on how to safely obtain the medication in each state.

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What do abortion pills look like in Mexico?

There are various brands available. Pfizer’s Cytotec is the most common patented brand, but there are several well-known generic versions as well. Below are some of these presentations

Cytotec Abortion Pill in Mexico
Misoprostol abortion pills in Mexico
Cyrux, the abortion pills in Mexico
Abortion Pills Misoprostol in Mexico
Abortion with pills in Mexico, Misprostol brands
Misoprostol abortion pills in Mexico
Taneciprol (misoprostol) abortion with pills in Mexico

And this is what Mefaprix, the brand used for mifepristone, looks like:
Mefaprix Abortion Pill in Mexico

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What post-abortion care services are available in Mexico?

Anyone can go to public health services after an abortion, or before any pregnancy, to be provided with contraceptive methods (long-acting, hormonal, barrier, emergency, or sterilization). These are at the individual’s choice and cannot be forced by the health service.

In the event that the abortion has any complications and requires medical attention, the service must be provided urgently.

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Who can I contact for additional abortion information and support in Mexico?

You can contact the following medical centers and organizations, by phone or directly on their websites:

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References:

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