Abortion in Mexico

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.

For now, each state has specific grounds that allow access to the procedure legally. The federal entities that have legalized abortion up to the 12th week of gestation at the woman’s request are: Baja California, Baja California Sur, Chiapas, México City, Coahuila, Colima, Estado de México, Guerrero, Hidalgo, Jalisco, Michoacán, Oaxaca, Puebla, Quintana Roo, Veracruz, San Luis Potosí and Zacatecas, voluntary abortion is accessible during the first 12 weeks of gestation freely, safely, and free of charge. Aguascalientes allows up to week 6 and Sinaloa up to week 13.

Chihuahua, Nayarit, Yucatán, and Zacatecas have court rulings that order the removal of criminal penalties for abortion, but they still need to amend their local legislation to ensure access in public hospitals and clinics.

In which states in Mexico is abortion legal?

To clarify the situation in each state and provide clearer visibility at the country level, we present a map below indicating where abortion is legal, decriminalized through the courts, and prohibited, with the respective exceptions.

States where abortion is legal

These are the legal reasons you can access an abortion in the following states:

• Aguascalientes – In December 2023, Congress decriminalized abortion up to 12 weeks, and although on August 28, 2024, it reduced the limit of voluntary abortion up to six weeks, the reform has not yet been published, so it is not in force. Therefore, the current legal reasons for accessing an abortion in Aguascalientes are rape, if the abortion occurred involuntarily, if the person’s life is in danger, and/or voluntarily until week 12.
• Baja California – Abortion is allowed after rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there is a serious fetal malformation, if there are health risks to the pregnant person, after unwanted insemination, and/or at the will of the person, until week 12.
• Baja California Sur – Abortion is allowed after rape or unwanted insemination, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there is a serious fetal malformation, if there are health risks, after unwanted insemination, and/or at the will of the pregnant person, until week 12.
• Chiapas – Abortion is allowed after rape, if the life of the pregnant person is in danger, serious alterations in the product, and/or by the will of the person up to week 12.
• Mexico City – Mexico City was the first entity in Mexico to decriminalize abortion in 2007. Abortions can be performed here in cases of rape, if the abortion occurred involuntarily, if there are health risks if there is a serious fetal malformation, after unwanted insemination, and/or at the will of the pregnant person, until week 12.
• Coahuila – The Supreme Court declared it unconstitutional in September 2021 to criminalize abortion absolutely in Coahuila; therefore, abortions can be performed in cases of rape, if the abortion occurred involuntarily, if the person’s life is in danger, if there is a serious fetal malformation, if there are health risks, after unwanted insemination, and/or at the pregnant person’s will, until week 12.
• Colima – Abortion is allowed if there has been a rape, if the life of the pregnant person is in danger, if there are health risks, if there is a serious fetal malformation, and after unwanted insemination, and/or omission of information.
• State of Mexico – Abortion is allowed after rape, if the abortion occurred involuntarily, risks to life, serious alterations in the product and/or by the will of the person up to week 12.
• Guerrero – Abortion is allowed in instances of rape, if the abortion occurred involuntarily, if there are health risks, if there is a danger of death, after unwanted insemination, if there is a serious fetal malformation, and/or at the will of the pregnant person, until week 12.
• Hidalgo – Abortion is allowed in instances of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there are health risks, if there is a serious fetal malformation, after unwanted insemination, and/or at the will of the pregnant person, until week 12.
• Jalisco – On October 5, 2024, Congress complied with what was ordered by a Collegiate Court and abortion was decriminalized up to 12 weeks of gestation, in addition to being allowed in cases of rape, if the abortion occurred involuntarily, if the life of the person is in danger, and/or if there are health risks.
• Michoacán – On October 10, 2024, the Congress of Michoacán decriminalized abortion by voluntary decision in addition to being permitted in cases of rape, if the abortion occurred involuntarily, if there are health risks, after unwanted insemination, if there is a serious fetal malformation, and/or if there are economic problems.
• Oaxaca – Abortion is allowed in instances of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there are health risks, if there is a serious fetal malformation, after unwanted insemination, and/or at the will of the pregnant person, until week 12.
• Puebla – On July 15, 2024, the local Congress generally approved the interruption of pregnancy up to 12 weeks of gestation in addition to being permitted in cases of rape, if the abortion occurred involuntarily if the person’s life is in danger, if there are health risks, if there is a serious fetal malformation and after unwanted insemination.
• Quintana Roo – Abortion is allowed in instances of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there is a serious fetal malformation and/or at the will of the pregnant person, until week 12.
• San Luis Potosí – With 20 votes in favor and 4 against, the abortion was decriminalized up to the 12th week of gestation in SLP on November 7, 2024. In addition, it is permitted in cases of rape, if the abortion occurred involuntarily, health risks, unwanted insemination and if there is a serious fetal malformation.
• Sinaloa – This is the only state where abortion is allowed up to the first 13 weeks of gestation in addition to the cases of rape, if the abortion occurred involuntarily, if the person’s life is in danger, if there are health risks if there is a serious fetal malformation and after unwanted insemination.
• Veracruz – Abortion is allowed in instances of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there are health risks and/or at the will of the pregnant person, until week 12.
• Zacatecas – Abortion is allowed in instances of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, risks to the health and/or will of the person up to week 12.

States where abortion is decriminalized by judicial means

In Nayarit, and Yucatán, abortion was decriminalized through the courts after they ordered Congress to eliminate the crime of abortion from the local Penal Code. However, this has not yet happened and these remain the only instances when abortion is legal:

• Nayarit – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, and/or if there are health risks.
• Yucatán – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there is a serious fetal malformation, after unwanted insemination, and/or for economic reasons (if the woman has had at least three children before).

States where abortion is not legal, but there are exceptions

As mentioned, abortion is decriminalized at the federal level thanks to the ruling of September 2023, but each federal entity can regulate its guidelines. In these states, they have not yet adjusted to the federal ruling and the legality of abortion continues as follows:

• Campeche – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, and/or if there are health risks.
• Chihuahua – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, if there are health risks, and/or after unwanted insemination.
• Durango – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, and/or if the life of the pregnant person is in danger.
• Guanajuato – Abortion is allowed in cases of rape or if the abortion occurred involuntarily.
• Morelos – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, if there is a serious fetal malformation and/or after unwanted insemination.
• Nuevo Leon — Abortion is allowed in cases of rape, if the life of the pregnant person is in danger, and/or if there are health risks.
• Querétaro – Abortion is allowed in cases of rape or if the abortion occurred involuntarily.
• Sonora – Abortion is allowed in cases of rape, involuntary abortion, and/or danger to the life of the pregnant person.
• Tabasco – Abortion is allowed in cases of rape, involuntary abortion, danger to the life of the pregnant person, and/or after unwanted insemination.
• Tamaulipas – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, if the life of the pregnant person is in danger, and/or if there are health risks.
• Tlaxcala – Abortion is allowed in cases of rape, if the abortion occurred involuntarily, if there are health risks, after unwanted insemination, and/or if there are abnormalities in the fetus.

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.

Who can provide a safe abortion in Mexico?

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

• Doctors
• Medical interns
• Gynecologists
• Midwives
• Nurses

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. You can find some local organizations contacts in the last topic of this Country Profile.

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. 

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.

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:

And this is what Mefaprix, the brand used for mifepristone, looks like:

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.

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:

• For information on access for legal reasons in the states or in a situation of criminalization: Group of Information in Elected Reproduction (GIRE): Tel: 01 (55) 5658 6684 / https://gire.org.mx/
• For information on services in CDMX clinics:
  • Abortion Fund for Social Justice MARIA: Tel: 01 800 832 73 11/5243 5054 | https://www.fondomaria.org/
  • Free clinics of the government of Mexico City: Tel: 51320909 | http://ile.salud.cdmx.gob.mx/
  • Marie Stopes: Tel: 01 800 200 9000/5542 0000 | https://mariestopes.org.mx/
  • Gineclinic in Mexico City: Tel: (55) 4616-5051 | https://gineclinic.com.mx/
  • Promédica Mujer: Tel: 5335 1867/01 (800) 849 5214 | https://www.promedicamujer.mx/
• For information and support for access to safe abortion in the interior of the Mexican Republic:
  • M de Mujer: Tel: 55 1286 4219/01 800 286 9339 | https://www.mdemujer.org/
  • Necesito Abortar | https://www.facebook.com/necesitoabortar/
  • Di RAMONA | https://www.facebook.com/DiRam0na
  • Las Libres | https://www.facebook.com/profile.php?id=100064522186867&sk=about
  • Bloodys | https://www.facebook.com/colectivabloodysyprojects/
  • Morras Help Morras | https://www.morrashelpmorras.org.mx/

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