Lesbian mothers in Mexico report that they are being separated from their children.
A newborn daughter and a six-year-old son were illegally separated from their mother for being lesbian. At least ten cases have been reported in different states across the country.
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MEXICO CITY, Mexico. Julissa Chuc Hass is a 30-year-old lesbian mother whose newborn daughter and six-year-old son were taken from her. Since October 26, her children have been in the custody of the Yucatán Attorney General's Office for the Protection of Girls, Boys, and Adolescents (Prodennay) after a social worker criminalized Julissa for being lesbian, having a male gender expression, and being poor. The Network of Lesbian Mothers in Mexico states that there are more cases of institutional lesbophobia in hospitals and civil registry offices across the country.
Following Julissa's case, the Lesbian Mothers Network is systematizing information on similar cases. In an interview with Presentes , Miztli Leal states that there are currently at least ten cases in different states across the country. Lesbian mothers, both pregnant and non-pregnant, and their children have been denied their right to family, recognition, and identity.
“Julissa's case is very unique. But online, we've seen similar cases where there's institutional lesbophobia in public and private hospitals and civil registries targeting pregnant and non-pregnant lesbian mothers. This happens from Tapachula to Tijuana . Lesbian mothers have to pay for legal fees, lawyers, travel, and come to Mexico City to obtain a procedure that a heterosexual couple will never be denied ,” explains Miztli Leal.
Julissa's lawyer, Dariana Quintal, told Presentes that in Yucatán, Prodennay, which belongs to the state DIF (Comprehensive Family Development), a decentralized agency coordinated by the National System of Public and Private Social Assistance , is an institution that has been violating the rights of minors belonging to indigenous families and who are in vulnerable situations for at least ten years.
“They unjustifiably separate children from their families, take them to shelters, arbitrarily and advantageously relinquish parental rights, especially with Indigenous people and people from marginalized areas, and use these children for adoption. This is how the state DIF (National Institute of Family and Family Development) becomes involved in child trafficking. Through my work, I have rescued 100 children in this situation,” Quintal denounces.
“In this country, the rights of lesbian and gay families are violated.”
In 2019, through an injunction filed by the organization México Igualitario , the Supreme Court of Justice of the Nation (SCJN) declared it unconstitutional to limit the right to filiation of minors born into lesbian-maternal families.
The SCJN determines that the right to equal marriage entails the right to a family, co-parenting, social security, adoption, and the recognition of children and adolescents. However, despite the approval of equal marriage throughout the country this year, Mexican lesbian and maternal families continue to be denied their rights.
Miztli Leal lists the cases that the Network of Lesbian Mothers in Mexico has detected regarding rights violations in hospitals and civil registry offices:
-Public and private hospitals that deny non-pregnant mothers the right to visits and information during and after childbirth.
-Private hospitals where they deny birth registration with both mothers' surnames.
-Civil registry offices recommend registering their children as single mothers and deny recognition to non-gestational mothers.
-Cases where, despite equal marriage being recognized nationwide and having the right to a family, civil registries do not store birth certificates when mothers travel to Mexico City to register their children. And when they travel to their home states to store the certificate, civil registries deny this right and force them to pay an injunction.
Children with denied rights
The children of these lesbian-maternal families also have their right to identity violated. In Mexico, the birth certificate is the document that provides its citizens with identity and opens the door to other rights.
According to attorney Ninde Molre, a member of México Igualitario, although several legal systems state that the right to identity implies the right to a free birth certificate, this is not always the case.
“It's very common for hospitals to withhold medical records until absurd amounts of money are paid. This form of violence is perpetuated, especially against people who lack insurance, information, or the tools to defend themselves. Furthermore, they live in poverty or are Indigenous,” he explains.
And she adds, "In this country, the rights of lesbian and mother families are violated. That's why it's urgent that these rights be recognized throughout the country."
Julissa Case
Julissa is originally from Quintana Roo and migrated to Yucatán after surviving a hate attack for being lesbian. She is a bricklayer and domestic worker by trade. On October 26, a social worker at the General Agustín O'Horán public hospital conducted a socioeconomic assessment to determine how much she would have to pay to give birth.
She also questioned her motherhood because she is a lesbian with a masculine gender identity. Seeing the scars Julissa has on her body from the violence she'd experienced, she accused her of using substances.
“The social worker criminalized Julissa. She claimed that because she is a lesbian woman with a masculine gender expression, she doesn't have the right to motherhood. She judged her based on her financial situation and that she would be a bad example for her children. Thus begins Julissa's ordeal, simply for being a lesbian, living in a state of vulnerability, and deciding to become a mother,” says her lawyer, Dariana Quintal.
The social worker who accused Julissa did so without evidence. She reported her to the Yucatán State Attorney General's Office for the Protection of Children and Adolescents (Prodennay), which opened an investigation into Julissa.
Photo: Georgina González.
To defend her, her neighbors collected 60 signatures, which they submitted to the Attorney General's Office, confirming that "she is a hardworking woman and a loving and responsible mother."
For its part, the Yucatán DIF (National Family Development Fund) issued a statement saying it had activated a protocol to "protect" two minors. Local media reinforced this claim .
“Julissa's case shows us institutional violence and discrimination in all its splendor. It shows how the system denies and seeks to make invisible any lesbian existence. It's not only violating Julissa's rights, but also those of her children,” adds attorney Ninde Molre.
Multiple human rights violations against Julissa and her children
Julissa also experienced obstetric violence. At the time of delivery, an episiotomy (an incision in the perineum) was performed without her consent. This practice is considered obstetric violence because it is "invasive and can cause physical harm," according to the National Human Rights Commission.
Once Julissa's baby was born, she wasn't allowed to see her, hold her, or breastfeed her. She also wasn't allowed to register her as her daughter. Since her birth 48 days ago, Julissa saw her only twice, lasting an hour each time and under the supervision of the Yucatán DIF (National Family Development Agency).
Nine days after giving birth, the Attorney General's Office summoned Julissa and her six-year-old son. They asked her to bring a criminal record certificate, proof of income, and a drug test. Her son was separated from her for a psychological evaluation, according to attorney Quintal, "to verify whether the child was a victim of violence."
In addition to taking her newborn away from her, Prodennay learned that her son doesn't have a birth certificate. This was reason enough to take her away from him as well. Her son doesn't have a birth certificate because when he was born, hospital officials demanded 7,000 pesos from Julissa to register him as a "live birth."
Julissa has no official documents proving that she is the mother of her six-year-old son and her newborn baby.
"The DIF, knowing this, shouldn't violate these children's right to a family and identity. They should find a way to guarantee their rights and those of Julissa, but they are complicit and responsible," adds attorney Quintal.
Photo: Georgina González.
“This can’t stay like this”
Dariana Quintal, together with the Yucatán Prosecutor's Office, is preparing a defense strategy to ensure that Julissa's children are returned to her as soon as possible, so that they can be registered and obtain birth certificates.
According to her lawyer, the forensic examinations conducted by the Prosecutor's Office on Julissa's son did not demonstrate that he was a victim of violence, and the children's weight and height are appropriate for their age according to WHO standards.
Regarding the expert reports, Dariana Quintal reported that Prodennay requested invasive proctological examinations of Julissa's son. "For the Attorney General's Office, the fact that his mother is a lesbian means she is certain to commit violence and immoral acts. Just look at the way they treat Julissa," she added.
He also mentioned that part of the call for justice is to ensure that those responsible for these human rights violations do not repeat them and repair the damage.
"We will do everything possible to ensure that the human rights violations being committed against women and children are not repeated. This cannot continue like this. Those responsible are the state DIF (National Institute of International Development) and the Prodennay Attorney General, Teresita de Jesús Anguas Zapata," she said.
On December 6, in a live broadcast, Julissa addressed Attorney General Teresita de Jesús and sent her this message:
“What you're doing to me is unfair. I need my children. I love my children. And it's not fair that you don't want to give them to me. It's unfair that I'm happily waiting for December 24th. I've already bought my daughter a new dress, I've bought my son his clothes. Why, you can come and take away that right as a mother.”
What options do lesbian mothers have to defend themselves?
Miztli Leal believes that one way to defend themselves is for lesbian mothers and lesbian-maternal families to be informed about their rights and assert them. This includes raising awareness of their existence as a family, as well as the violence they experience.
“Something we believe in at the Lesbian Mothers Network is that we must speak out when institutional and economic violence denies our rights. It's vital to share what we're going through to demonstrate that these aren't isolated problems,” she says.
On the other hand, she believes it is "urgent" to raise awareness in public and private health institutions and civil registry offices , where public servants can hear firsthand the experiences of lesbian mothers and lesbian families.
“Visibility is also important because we're not a fad. I understand that coming out can be complex, but it's important to come out. That way, we can come to terms with our experiences like any other family. We're here, we exist, we're resilient, and we're not going away,” Miztli insists.
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