On January 20, the Mexican Congress published in the Federal Official Gazette (“DOF”) an amendment to several provisions of the Social Security Law (“Law”) regarding gender equity.
As a consequence, several provisions considered to be discriminatory are amended as follows:

• Marriages celebrated between persons of the same sex shall be acknowledged as having the same rights and obligations as those enjoyed by marriages celebrated between men and women.

• The concept of civil union is added, which will grant the right to receive different benefits to those who live under such regime.

• The requirement of economic dependency is eliminated for (i) the insurance of spouses and house partners in the case of Sickness and Maternity Insurance, and (ii) of house partners and widowers in the case of Labor Risks, Disability and Life Insurance.

• Adopted children living in a common-law marriage are accepted to be entitled to the widow’s pension of the Labor Risks, Disability and Life Insurance.

• For the calculation of the allowance for marriage or civil union expenses, the current general minimum wage will be used as the base for calculating the allowance.

This amendment will become effective within six (6) months following its publication in the DOF, and the Mexican Social Security Institute will have one hundred and eighty (180) calendar days from the date of publication to adapt the regulatory, normative, administrative and internal provisions to this amendment.

Should you require more information on this note, please contact us at elvia.palazuelos@rapa.mx.