Argentina

Surrogacy in Argentina is not known to intended parents because of the current legislation that does little to guarantee the procedure to Argentine citizens or to foreigners. In fact, surrogacy in Argentina is regulated by Art. 19 of the National Constitution, according to which no citizen can be obligated to do what the law does not require, nor deprived of what the law does not prohibit. The law also recognizes intended parents' willingness to procreate and carry a pregnancy to term, regardless of who contributed the genetic material for conception. Therefore, at present, the information used to perform the procedure is based on current practices rather than a specific law

surrogacy argentina

Accessibility

Single parents, married and unmarried heterosexual and homosexual couples maternità surrogata argentina

Conditions

Financial ability to educate and raise the child

Programs

Various packages - also set-price packages with unlimited IVF and transfers

Cost

Low - medium

Possibility

Selection of the child’s gender (under certain conditions)

Legal aspects

Birth certificate in name of parents - gestational surrogate waiver required

Capital

Buenos Aires

Language

Spanish

Form of government

Constitutional Federal Republic

More information

Definition of surrogacy program

A surrogacy program is a set of medical and legal procedures whose ultimate goal is to have a child with an alternative to natural conception. The parties involved in the procedure are: the intended parents (or parent in the case of single individuals), an assisted reproductive clinic and a foreign agency or other equivalent entity capable of filling the needs related to egg donation and gestational carrier. An attorney experienced in the applicable law of the country in which the program takes place should be considered a key part of the process

Back to top

Surrogacy Argentina: journeys costs

There is no single cost that applies to every case. In fact, the price is closely related to certain variables such as whether an egg donation is needed, the type of program requested from the assisted reproduction clinic (which translates into the number of embryo transfers guaranteed. There can be one, two, three or unlimited attempts until pregnancy is achieved). In the case of single women, sperm donation is also required. Having clarified all possible variables, an estimate based on the case study allows us to say that the average price for a guaranteed set-price program, (with no extra costs, including unlimited embryo transfers, egg donor, gestational surrogate and legal support) is roughly €70,000.

Legislation

There is currently no legislation governing surrogacy. In fact, the practice is regulated by legal interpretation, relying on Art. 19 of the National Constitution (Constitución Nacional). According to this article, "no citizen can be obliged to do what the law does not oblige, nor deprived of what the law does not prohibit." What generates uncertainty is the determination of parenthood. The Civil and Commercial Code (CCC) states that in cases where assisted reproductive techniques are applied, the parental bond is generated between the child and the woman who carried the pregnancy to term. The law also recognizes paternity (regardless of who contributed the genetic material for conception) to the man who supported the woman undergoing artificial insemination. In this way, the "biological" mother is the gestational surrogate (i.e., the one who underwent IVF), and the other parent (father or mother) who supported or wanted the pregnancy is defined as "procreative" or "voluntary." In surrogacy, the surrogate only carries the pregnancy to term; she does not and will never legally assume the status of biological mother, which is why in Argentina, the intended parents must appear before the courts to obtain paternity of the child.

Enforcement and practical implications

Based on current legislation, the gestational surrogate is the biological mother of the child. Therefore, in order to be recognized as legitimate parents, the intended parents (or parent), must seek judicial authorization either before the implantation of the embryo or before the birth of the child. This is to avoid a possible denial by the court after the birth. To avoid this procedure, which provides parents with little security (especially international ones), the medical part can be carried out in countries such as Cyprus, the United States or Canada. This would overcome the limitations imposed by the Argentinian Civil Code which sees the surrogate as the biological mother of the child, and therefore eliminate the associated legal parentage process.

Intended Parent requirements

There are no special entry requirements, other than a demonstrable economic capacity to be able to educate and raise the child.

Parentage & "ius soli"

The child will acquire Argentine citizenship at the time of birth.

Birth Certificate

With the gestational surrogate's consent, the names of both commissioning parents (intended parents) will be recorded on the birth certificate. In the case of a medical procedure performed abroad, the certificate will bear the names of the intended parents without waiver procedures by the surrogate from the moment of its issuance.

Other countries?

Segui la cicogna del paese che ti interessa e scopri di più