The decriminalization of abortion began in Mexico in 2007: find out in which states it is legal to terminate a pregnancy.
On September 6, 2023, the Supreme Court of Justice of the Nation (SCJN) declared the criminalization of abortion in Mexico’s Federal Penal Code unconstitutional. This means that “abortion” is eliminated as a crime. Federal public health institutions would be required to provide the service free of charge and without criminalizing it.
The SCJN’s decision held that the Senate and the Chamber of Deputies would have to amend the Federal Penal Code to eliminate abortion as a crime. With this resolution, any public health center such as the Mexican Social Security Institute (IMSS), ISSSTE, or PEMEX, or private health centers, could perform abortions throughout the country without criminalizing women or punishing those who provide the service. However, this is not yet a reality.
The decriminalization of abortion in Mexico began in 2007. The then Federal District made history by becoming the first state to legalize abortion and remove penalties against women. The years 2024 and 2025 have been pivotal, as several states joined the list, although this was due to a SCJN resolution.
Mexico City – In April 2007, the Legislative Assembly of the Federal District approved the legalization of abortion up to 12 weeks of gestation with 46 votes in favor, 19 against, and one abstention. Article 144 of the Penal Code was amended.
Oaxaca – In October 2019, the state of Oaxaca approved legal abortion up to 12 weeks of gestation. Articles 312, 313, 315, and 316 of the Penal Code were amended.
Hidalgo – In June 2021, abortion was decriminalized with 16 votes in favor and one abstention, and several articles of the state’s Penal Code and Health Law were amended.
Veracruz – In July 2021, the decriminalization of abortion was approved with 25 votes in favor, three against, and one abstention. Articles 149, 150, 151, 153, and 154 were amended. Article 152 of the State Penal Code was also repealed.
Coahuila – With 10 votes in favor, the Supreme Court declared the criminalization of abortion unconstitutional and invalidated several articles of the Penal Code, including Article 196, which imposed a prison sentence of one to three years on women who voluntarily terminated their pregnancies, as well as on those who assisted them.
Baja California: In October 2021, Congress amended its Penal Code and approved its decriminalization up to 12 weeks of gestation. However, recognition of life in the state is granted from conception.
Colima – In December 2021, abortion was approved with 14 votes in favor and 5 against up to 12 weeks of gestation, and it was prohibited to punish women who make this decision.
Sinaloa – On March 8, 2022, Congress approved the decriminalization of abortion up to 13 weeks of gestation with 28 votes in favor, 2 against, and 9 abstentions.
Guerrero – On May 17, 2022, abortion was decriminalized up to 12 weeks of gestation.
Baja California Sur – Legislators approved the decriminalization of abortion up to 12 weeks of gestation with 16 votes in favor and 3 against. The penalty established for women who terminated their pregnancies after 12 weeks was also reduced from six to two years in prison and from two to 60 days of community service.
Quintana Roo – In October 2022, legislators approved the decriminalization of abortion up to 12 weeks of gestation, with 19 votes in favor, three against, and four abstentions.
Aguascalientes – With four votes in favor, the SCJN ordered the decriminalization of abortion in Aguascalientes, linking its decision to the reproductive rights of individuals. Thus, it invalidated Articles 01, 102, and 103 of the Penal Code, which have now been declared “unconstitutional” because they criminalized women.
Nayarit – In January 2024, a judicial ruling by the court achieved the decriminalization of abortion, the elimination of penalties, and voluntary termination of pregnancy.
Jalisco – In April 2024, abortion was legalized, but only in cases such as rape, serious harm to health, or life-threatening for the pregnant woman.
Puebla – In July 2024, voluntary abortion was decriminalized up to 12 weeks of gestation.
Michoacán – In October 2024, abortion was decriminalized up to 12 weeks of gestation by a declaration of the Supreme Court of Justice (SCJN).
Mexico City – In November 2024, abortion was decriminalized up to 12 weeks of gestation.
San Luis Potosí – In November 2024, abortion was approved up to 12 weeks of gestation in compliance with an amparo ruling by the Legal Interruption of Pregnancy (ILE).
Zacatecas – In November 2024, voluntary abortion was decriminalized up to 12 weeks of gestation.
Chiapas – Abortion was decriminalized up to 12 weeks of gestation by order of the SCJN.
Chihuahua – In January 2025, legislators approved decriminalization by a declaration of the SCJN. Women can terminate their pregnancies up to 12.6 weeks of gestation.
Campeche – In February 2025, abortion was legalized up to 12 weeks of gestation.
Yucatán – In April 2025, a ruling by the Supreme Court of Justice (SCJN) mandated the decriminalization of abortion up to 12 weeks of gestation.
Tabasco – In May 2025, abortion up to the 12th week of gestation was decriminalized without justification, in compliance with a ruling by the SCJN.
Source: mexico.as
