Surrogacy in Argentina
We assist at conferences and webinars organized by The Academy of Adoption and Assisted Reproduction Attorneys (AAAA), in the United States, the LGBT Bar Family Law Institute and the International Academy of Family Lawyers. United States is far away the country that has more experience in surrogacy. We are aware of the changes and decisions in the world, practically as soon as they happen.
In Argentina there is no law that specifically regulates surrogacy, neither is there a law that prohibits it. It is up to the judges in each individual case to decide on surrogacy cases that takes place in Argentina, as well as for the child's best interest. First surrogacy court decision in Argentina took place in a leading case in 2013. We are proud to have represented our clients in this case. Today depending on the jurisdiction, surrogacy is possible. In Buenos Aires city, Civil Register issues birth certificate including the intended parents, following rules settled in a leading case. The baby has birth certificate and passport in less than 15 days.
Embryo donation, egg donation and sperm donation are allowed in Argentina and transportation from or to Argentina is also possible. Families must evaluate where and under which legal frame to safe their embryos to be able to dispose of them in case of divorce or disagreement of when they should be used.
The LGBT community is welcomed in our firm. Surrogacy is possible in Argentina. The most important thing is the incontrovertible right to have a family. We don’t hesitate to defend the rights of anybody, which are not only constitutional but also international, particularly the rights of a newborn. Surrogacy is a way of having children, creating a family, it’s a privilege to be able to have babies
First leading case on Surrogacy in Argentina. June 2013. Achieved through our law firm: The judge Maria del Carmen Bacigualupo, in charge of the National Civil Court N° 86 ordered the registration of a baby born in Buenos Aires in the Civil Registry under the name of the intended parents. It was a decision without precedents in our country. Judge stated that there are no laws to allow or prohibit surrogacy and even if it was known the draft of the Civil Code regulated surrogacy, it could or could not turn into law, but without a doubt it operated as a guideline for the case. The judge stated that more relevant element is in the determination of filiation of those children born under ART is the consent of the persons who participated in the process.
Our firm takes care about surrogacy, embryo donation, egg and sperm donation in Argentina, as well as outside Argentina with the assistance of our colleagues abroad. Do not hesitate to contact us.