SCJN Confirms Elimination of Simple Adoption in Jalisco: Patrimonial Implications

According to press release No. 111/2026 issued by the Supreme Court of Justice of the Nation (SCJN) on August 6, 2026, the highest court has confirmed the obligation of the Congress of the State of Jalisco to eliminate all references to simple adoption from its procedural legislation. This decision reinforces the unique model of full and irrevocable adoption provided in the General Law on the Rights of Girls, Boys, and Adolescents.

The SCJN indicated that the Jalisco Congress incurred a legislative omission by not adapting its regulations, despite an express mandate for harmonization since 2019. This means that Articles 1027 and 1029 of the local Civil Procedures Code, which still mention simple adoption, must be modified. The Court emphasized that the figure of simple adoption is incompatible with the constitutional and conventional model of comprehensive child protection, whose objective is to guarantee the right of girls, boys, and adolescents to live in a family through full, permanent, and equal filial ties.

For clients of a firm focused on patrimonial strategy, this confirmation is of great relevance. Full and irrevocable adoption grants adopted children the same stability, legal certainty, and rights as biological children, eliminating any ambiguity in matters of inheritance, patrimonial succession, and recognition of family rights. It ensures that patrimonial planning unequivocally reflects the full integration of adopted children into the family structure, preventing potential disputes or future legal uncertainties.

Intersectional Analysis in Cases of Violence

In the same press release, the SCJN also ruled on the importance for judges to analyze potential power relations between parties from a gender and intersectionality perspective in cases of sexual violence. This comprehensive approach seeks to prevent the dismissal of inequality based on a single element, and demands that evidence be evaluated free of stereotypes, ordering necessary proceedings to clarify contexts of violence.

This content is for informational purposes only and does not constitute legal or tax advice. Each case must be analyzed individually.