The discussion around maternal health in Mexico has primarily been concerned with health outcomes and access to healthcare, with less focus on reproductive challenges for women unable to conceive. The medical procedure of uterus transplantation, which involves a woman receiving a uterus from a live or deceased donor, is gaining attention as a potential solution for those without a functioning uterus.
Dr. César Palacios-González, a Senior Research Fellow in Practical Ethics at the Uehiro Oxford Institute, has been vocal about the legal and ethical considerations surrounding this procedure in Mexico. He argues, "under Mexican law, women have a right to uterus transplants," and asserts that "cadaveric uterus donation and post-menopausal uterus donation are allowed," while legal reforms are necessary for live uterus donation.
Currently, live uterus donation from pre-menopausal women is prohibited in Mexico, as stated in Article 333 of the General Health Law. This law mandates that for live organ donation to occur, the donor's body must be able to compensate for the organ's function. Dr. Palacios-González points out, however, that "a post-menopausal woman is allowed to donate her uterus," suggesting that legal adjustments could facilitate such donations for pre-menopausal women.
Mexican women, Dr. Palacios-González argues, have a right to health protection, encompassing physical and mental well-being. "Infertility negatively impacts their physical and mental well-being," he contends, implying that those without a functioning uterus are owed state protection against infertility through uterus transplants.
Engaged with policymakers, Dr. Palacios-González has presented his research to members of the Mexican Congress, resulting in a proposal to amend Article 333. He has also discussed reproductive rights at Mexico's Congress and consulted the National Transplant Centre, aiming to advance access to uterus transplants and enable women to achieve their parental aspirations.