Laws

In 2015 Argentina’s Civil Code changed, and it admitted  a third source of filiation; infants  born through ART.  Surrogacy was not mentioned and it was not forbidden. Under Argentine law, such processes must be altruistic in nature, meaning a surrogate can be paid only expenses.  Since 2013,  mainly Argentine nationals have engaged in surrogacy. But more recently  foreigners have also been engaging in Argentina given surrogacy is allowed regardless of the nationality of parents.

While Argentina does not have laws regarding transfer of parentage after surrogacy, in the City of Buenos Aires, a prior class action  means intended parents are recognised as the legal parents. Both intended parents (or a single parent) appear on the newborn’s birth certificate in surrogacy cases. The surrogate is not named.  Such infants are also eligible for an Argentine passport. (Registry of Marital Status and Legal Capacity of the City of Buenos Aires issued  Regulations 93/DGRC/17, 103/DGRC/17 and  122/DGRC/20)

A genetic link is not required to the intended parent under Argentine law.

Attitudes to Gay Singles and Couples

Unlike far more conservative countries like Russia & Kenya, Argentina has recognised gay marriage since 2010.

It was the first country in Latin America, the second in the Hispanic world, and the second in the Southern Hemisphere to do this. It was the tenth country worldwide to do so.

Egg Donors

Under Argentine law, egg donors may be open, ID release or anonymous. (ID release donors are put onto an official registry for tracking purposes)

There are no donors available with blue/green, eyes or blonde donors. Unfortunately, for unknown reasons, donor egg retrieval results have been poor since the pandemic. So patience is required and guarantee programs can guard against extra costs. Some import their own embryos from abroad.

If you are not attending the clinic in person, your agency may only be able to provide a few donor profiles at a time to view. Where you shortlist donors, profiles can be translated into English and shared with you.  If you attend in person, there may be more (anonymous)  donor profiles available to view.

Genetic carrier testing is routinely available including Karyotype with high-resolution G Band, Escheletic Medular Atrophia Type 1, Fragility X, Cystic Fibrosis (full sequestration).

Surrogacy Agencies

As in countries like Australia, UK & Canada, which also have altruistic laws, commercial Argentine-based surrogacy  agencies are not allowed. However there  are professionals who can support surrogates and intended parents. Payments may be made to agencies in other countries. 

Shipping Sperm or Embryos

It is possible to ship sperm or embryos to Argentina from other countries, however the receiving clinic needs to have an import licence. The paperwork requirements for freight shipping gametes are also significant, so you will require support from a specialist in this area. The costs of shipping can be high.

If you do not already have embryos made, it may be easier to travel to Buenos Aires instead of shipping.

Program Types

Agencies based outside Argentina offer both fixed price guarantee programs, as well as shipped embryo surrogacy programs. There are also parallel journey programs available for same-sex couples.

Where are programs offered?

Surrogacy is available throughout Argentina, however outside  Buenos Aires, a court order is required, which takes a lot of time, and will depend on each judge. Hence programs for foreigners are centred on  Buenos Aires.

Responsiveness

Feedback from intended parents is showing that response times from Argentine IVF clinics can be slow. Having a third party who can keep your case moving can be  helpful.

Professional support

You & your surrogate will require the support of an Argentine lawyer, psychologist,  IVF specialist & embryologist. Ensure these are all included in any program you consider.

How Long has Argentina been offering surrogacy?
The first surrogacy case was  in 2013 for Argentine citizens. After that, cases were carried out in all Argentine provinces. The first cases by foreigners were  in 2015 from surrounding  countries, especially Chile and Venezuela.

Post Birth Processes
Parents must register their child at the Civil Registry and it is expected that they can do so in basic Spanish

Acquiring Argentinean passport and citizenship for your newborn requires  around 35 days.

If preliminary processes were not followed ,initial consents will be deemed invalid

Concerns

As surrogacy expands in Argentina, concerning practices are increasing. Key issues to watch out for include:
– Accusations of  exploitation, and human trafficking
– Invalidation of informed consents and  parentage not being recognised
– Loss of funds (some companies selling programs are not registered anywhere
– lack of independent legal advice to surrogates
–  surrogates not understanding content of documents they are asked to sign
– surrogates being defrauded (if not aware of what she was signing and conditions were detrimental to her interests)

Protecting the Process

To avoid problems, please ensure

  • your  surrogate  has an independent consultation with a lawyer chosen by her/her family.
  • Such lawyer  signs the consent.
  • you are present when surrogate payments are made or pay the surrogate directly
  • arrange surrogate  calls with an independent translator
  • your Argentinean lawyer  signs the informed consents.

Other Support

As Argentina is a relatively new destination, Growing Families is providing additional support to intended parents. This is usually via a Zoom-based consultation, as well as introductions to lawyers and singles and couples engaged in Argentina programs. Email [email protected] for further information

Service Providers