Yucatan Legalizes Abortion up to 12 Weeks: Landmark Decision!

Yucatan has become the 23rd out of 32 states in Mexico to decriminalize abortion up to 12 weeks of gestation. This move is seen as a significant step towards ensuring reproductive rights for women and those who can become pregnant.

On Wednesday, the Yucatan Congress voted in favor of the decriminalization, with 22 votes for and 13 against. The Women's Secretariat of the Government of Mexico hailed the decision as a "historic breakthrough in the fight for reproductive rights" in a social media post.

Following this approval, women and those who are pregnant can legally terminate their pregnancies up to 12 weeks. If this limit is exceeded, penalties range from three months to one year in prison, or between 50 and 200 days of community service.

The decision, however, did not reach a qualified majority – two-thirds of the state Congress – which is required to modify the local Constitution.

The reform was aimed at complying with a directive from the Supreme Court of Justice (SCJN), which in December 2024 instructed the Yucatan Congress to decriminalize abortion. The ruling stated that “the criminal type of forced abortion is clearly established” and the penalty for this crime increases from 3 to 8 years, to 5 and 10 years in prison. In cases of forced abortion with violence, the penalty increases from 6 to 9 years, to 9 and 15 years in prison.

The Information Group on Reproductive Choice (GIRE) noted that on August 22, 2024, "the SCJN resolved a protection order filed by various local organizations against the regulation of the crime of abortion in the Yucatan Penal Code." The court reiterated previous rulings and "ordered the local Congress to repeal the articles that absolutely criminalize self-induced and consensual abortion."

With the inclusion of Yucatan, 23 out of 32 states in Mexico have now decriminalized abortion up to the 12th week of gestation. This aligns with the Court's 2021 ruling that banning pregnancy termination infringes upon rights to human dignity, reproductive autonomy, health, and equality.

Mexico City was the first region in the country to decriminalize abortion up to the 12th week of gestation in 2007. Recently, the city's Congress has considered eliminating the abortion deadline, a move that could help reduce criminalization and stigmatization and better support the most vulnerable.