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Mexico’s Supreme Court Strikes Down Passport Rule Penalizing Late Birth Registrations

Justices concluded the extra documentation requirement is discriminatory, placing a disproportionate burden on people with late-registered births.

Overview

  • The Supreme Court’s plenary unanimously invalidated Article 15 of the Passport Regulations, which allowed officials to demand additional proof when a birth was registered more than three years after birth.
  • The case arose from an amparo by a citizen denied a passport in Tijuana due to an extemporaneous birth certificate, a protection first granted by a District Court and affirmed by the high court.
  • The ruling, authored by Minister Yasmín Esquivel, emphasized harm to people in rural, Indigenous, and marginalized contexts, where timely civil registration is often difficult.
  • The decision opens the door for the Court to seek a general declaration of unconstitutionality, a step that could trigger nationwide changes once formally presented to the Court’s presidency.
  • Ministers stated the Foreign Ministry may not disregard civil registry documents or impose extra proofs on late-registered births, though no immediate regulatory changes were announced.