On August 20, 2024, the Supreme Court of Justice of the Nation (“SCJN” or “High Court”), ruled in the case, “Recurso de hecho deducido por el señor Fiscal General ante la Señor Señor Fiscal General ante la Cámara Nacional de Apelaciones en lo Civil en la causa P., A. y otro s/ autorización”(the “Judgment”). In the said case, a judicial authorization was requested for the cessation of the cryopreservation of three human embryos generated from an assisted human reproduction treatment, but not transferred.
Since the Public Prosecutor’s Office was not a party, the highest court ruled out the procedural aptitude for it to file the complaint. It also added that the plaintiffs consented to the decision to terminate the lawsuit and the clinic in charge of the embryos expressed no interest.
On the other hand, the Supreme Court of Justice of the Nation emphasized the need for a special law to regulate the protection of the implanted embryo, attributing this power to Congress, which exceeds the powers of the court to rule on this issue.
