The couple that requested the certificate argued that they had to win an Amparo to register their daughter; the fourth officer of the Civil Registry granted them that right.
Gaby and Andrea became the first lesbian-maternal couple to be able to register their daughter, under the name Romina Itayetiz, with the Oaxaca Civil Registry, although there is still no reform in the law or legal protocols.
In October of last year, the couple went to request their process, and it was until December 4 that the fourth official of the Civil Registry granted them the right to register their baby.
The legal director of the Civil Registry, Juan Gabriel Rodríguez Matus, specified that, even though there are no regulations, in this case, they acted following the law to safeguard the rights of both the newborn and those of the couple, so it was granted the birth registration process, without any type of restriction.
“We as an institution gave them the advice to carry out the registration since this procedure is not yet allowed in our legislation. Despite this, the judge of the fourth Civil Registry office granted them the birth registration to guarantee the rights of the minor and the couple, in this case of a lesbian-maternal family ”.
He explained that, with the legal action, a jurisprudence is generated to continue granting more registration of births under the same legal circumstances.
However, the applicant couple argued that to obtain the right to register their baby, they had to win an injunction granted by a district judge.
In contrast, local deputies announced that they are analyzing reforms to the Oaxaca Civil Code to grant the right of adoption and birth registration for couples of sexual diversity.