Surrogacy Insights

Argentina stands at the forefront of the global surrogacy landscape, offering a unique combination of legal provisions and emerging trends that shape the practice within its borders.  At the heart of this dynamic environment lies Buenos Aires, the vibrant capital city, which serves as an autonomous entity within the country’s legal framework.

Surrogacy in Buenos Aires

In a landmark court case, “Ombudsman of the City of Buenos Aires and Others s/ Amparo – others” Expte- 1861/2017,” the judiciary in Buenos Aires set a significant precedent by interpreting existing laws and applying them to surrogacy:

• The child must be born within the Autonomous City of Buenos Aires.
• The surrogate must sign an agreement, in front of a Notary, and before any treatment begins.  The agreement must have a provision stating she does not intend to create a child for herself and does not wish to raise the child herself and that she recognizes that the intended parents intend to create and raise the child themselves and be recognized as parents of the child. 
• Similarly, the intended parents must sign the agreement before a Notary.  They must acknowledge their intent to create and raise the child as their own and be recognized as the parents of the child. 

This groundbreaking decision paved the way for legal recognition of parental rights in surrogacy cases, enabling intended parents to have their names entered on the original birth certificate. 

Establishing Parental Rights in Buenos Aires

The Autonomous City of Buenos Aires has established a streamlined procedure for registering births resulting from gestational surrogacy.  Regulation 93/DGRC/17, as amended, outlines specific conditions under which births of minors born through highly complex Assisted Human Reproduction Techniques, such as gestational surrogacy, are authorized to be registered. This regulatory framework prioritizes the procreative intent of the parents while safeguarding the rights of the gestational carrier.

Surrogacy elsewhere in Argentina

However, despite these progressive developments, surrogacy in Argentina operates within a legal gray area.   While the country lacks comprehensive legislation expressly regulating surrogacy, existing legal instruments, including the Argentine Constitution, the Civil and Commercial Code, and Law 26,862 on Medically Assisted Reproduction, provide some guidance.  These laws underscore the importance of procreative will and parental consent in surrogacy arrangements, while also addressing issues of citizenship and identity.

A leading destination for Surrogacy

Argentina’s permissive approach to surrogacy has positioned it as a leading destination for intended parents from diverse backgrounds. The inclusivity of its legal framework, which extends to singles, same-sex couples, married and unmarried heterosexual couples, and de facto couples, reflects the country’s commitment to reproductive rights and familial equality.

Legislative Reform

Despite the growing popularity of surrogacy in Argentina, efforts to introduce comprehensive legislative reforms have been met with minimal political momentum.  Nevertheless, the ethical and legal complexities inherent in surrogacy underscore the urgent need for a well-defined regulatory framework that balances the interests of all parties involved.