Guadalajara, Jalisco, Mexico – In an extraordinary session, the Jalisco Congress has decriminalized abortion up to 12 weeks of gestation, making it the 14th state in Mexico to do so. The ruling repeals abortion as a crime from the state’s Penal Code and grants pregnant women the legal right to decide whether to terminate a pregnancy.
After nearly nine hours of delay, the state Congress held two rounds of voting. The first round ended in a tie with 18 votes for and 18 against, alongside two abstentions. In the second round, the reform passed with 20 votes in favor, 16 against, and two abstentions.
The decision marks a significant shift for Jalisco, one of Mexico’s most conservative states. It joins other states, such as Mexico City, Oaxaca, and Veracruz, in allowing voluntary abortion up to 12 weeks. The new legislation repeals Article 227, which criminalized abortion, and amends Article 228 to ensure that abortion within the 12-week period will not be penalized. Additionally, Article 228 bis has been introduced to impose criminal penalties on anyone who forces a person to undergo an abortion without consent.
The reform includes provisions for cases where women were denied access to abortion services before 12 weeks or were unaware of their pregnancy due to medical reasons. It also allows for the possibility of abortion beyond 12 weeks in cases of poverty or social vulnerability. Women who undergo abortion procedures are now able to request post-abortion care from state institutions.
This change follows a 2021 ruling by the Supreme Court of Justice (SCJN) that forced the Jalisco Congress to allow abortions under certain conditions, such as health risks, rape, or negligent abortion. Despite this, the Penal Code still imposed prison sentences on those who voluntarily terminated pregnancies. A ruling in April 2024 declared these prohibitions unconstitutional, leading to the reform passed this week.
As the debate took place, both pro-life and pro-choice groups demonstrated outside the Congress building. Security measures were in place, and no incidents were reported.
