The Argentine Surrogacy Environment

Recent global pressures have seen far greater interest in surrogacy in Argentina amongst intended parents from countries such as UK, France, Israel, Australia, & Ireland.

Gestational surrogacy has been documented in Argentina from only 2013 and early cases were mostly to Argentinians and citizens of neighbouring countries such as Chile, Paraguay and Brazil. While there is no national law pertaining to surrogacy in Argentina, most if not all Argentinians states will recognise parents via surrogacy after a Court Order process.

In 2017, several Argentine legal cases concerning surrogacy led to a judicial ruling in Buenos Aires. Citing the Convention on the Rights of the Child, the court  acknowledged the rights of parents via surrogacy to be recognised as parents on the birth certificate and in law and guaranteed infants ‘all opportunities for their full development in conditions of freedom, equality and dignity’.

As long as key requirements are met, no court order is required to transfer parentage in Buenos Aires.

In effect what this means is that in the city of Buenos Aires, surrogacy is open to singles and couples, regardless of their marital status, sexuality or nationality. In Buenos Aires, only the intended parent(s) are recorded on the birth certificate. Surrogacy-born children are also entitled to an Argentine passport.

The ‘going rate’ for Argentine surrogate compensation is ~US$15,000 (some pay up to $25,000). Expenses are on top of this. The current regulations make no mention of compensation, hence there is currently no distinction made between altruistic, compensated and commercial payments.

There are no specific laws regarding surrogate payments or agency support. However providers are taking a cautious approach and writing agreements as altruistic, given other elements of the nation’s Civil and Commercial Code can be interpreted as banning for-profit arrangements.

Programs available include shipped embryo programs, self-cycle and fixed price (guarantee) programs.

It is standard practice in Buenos Aires for surrogates to undertake at least four counselling sessions prior to commencing a journey as well as monthly counselling support through the journey.

In conclusion, while Argentine looks to see a rapid increase in cases, it is vital that intended parents engage only with providers who have their own staff on the ground in Argentina, rather than third-party agents selling in programs at vast mark-ups to intended parents desperate for solutions.