Mexico: Rights of parents and grandparents over illegitimate children, including custody rights, protection against forceful seizure of children by biological grandparents, and social and economic resources available for raising an illegitimate child

The information that follows was provided by the Legal Assistance Directorate (Dirección de Asistencia Jurídica) of the National System of Integrated Family Development (Sistema Nacional de Desarrollo Integral de la Familia, DIF) during a 19 April 1999 telephone interview. Please note that the terms used in the following text are unofficial translations of Mexican legal terms, that do not necessarily correspond to similar terms in Canadian law, and are provided only as a reference.

Family law throughout Mexico is quite similar, as most states base their family law on the Federal District's family law. Most differences among states are in the terms and details of legal provisions; the substance of the law, as well as the organization and operation of family courts, is similar throughout the country. The information that follows applies federally, and the pertinent law is virtually identical throughout Mexico. However, the information that follows is provided only as a reference, since the definitive interpretation and application of the law will depend on the individual cases and the specific rulings of the courts.

Mexico no longer uses the term "illegitimate child" (hijo/a ilegítimo/a), as this was found to result in potential for discrimination or disadvantage of the children. For approximately the past 10 years, reference is made only to the legal recognition of a biological parent (padre biológico or madre biológica). There are three ways in which a biological parent relationship can be legally established: at the time of registering the birth, where each parent present can attest to and register their parental relation to the newborn in the birth certificate; after a paternity trial (juicio de reconocimiento de paternidad), which usually takes place when a mother seeks a father's support to raise the child; and through a legally recognized last will and testament, through which a parent who is dying or expects to die soon can declare their parental relation to a child he or she has not legally acknowledged before.

Regarding the rights of grandparents to seize or gain legal custody of a child, only the parents of a legally registered parent can seek custody of a grandchild, if they consider that the child's welfare is at risk while in the custody of the legal parent of the grandchild. Parents of a biological parent who is not legally recognized as a biological parent of a child cannot seek legal custody of the child. Forceful seizure of children without a legal right to their custody is illegal and a matter that can be dealt with by the police or the courts. Parental and custody disputes are handled by family courts, which exist throughout Mexico. Parties dissatisfied with a ruling can appeal the results to a court of appeal.

Mexico has a variety of government and non-government programs and organizations to assist disadvantaged children, women and families, in addition to the social and public programs available to all children and parents. A detailed listing of programs and resources available to single parents throughout Mexico, or an assessment of their effectiveness, could not be prepared within the time constraints of this information request.

However, for recent reports on the situation of women in Mexico, including single mothers, please consult the 21 May, 16 September and 19 September 1997 reports of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) at , as well as a 3 February 1998 CEDAW report on Mexico at . This adds to the information on the rights of women and children provided by Country Reports 1998 available at your Regional Documentation Centre. An electronic version of Mexican federal legislation in Spanish can be consulted at . Please note that the Research Directorate cannot provide an authoritative analysis and commentary on its contents applicable to the subject in question.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this information request.

Reference

Sistema Nacional de Desarrollo Integral de la Familia (DIF), Dirección de Asistencia Jurídica, Mexico City. 19 April 1999. Telephone interview with lawyers.

Additional Sources Consulted

Embassy of Mexico, Ottawa.

Mexico NewsPak [Austin, Tex.]. 1996-Mar. 1999.

Latinamerica Press [Lima]. 1994-1998.

Electronic sources: IRB databases, Internet, REFWORLD, Global NewsBank, WNC.

Note:

        This list is not exhaustive. It does not include country-specific publications available at the Resource Centre.