We recommend not initiating new surrogacy processes in Argentina. We understand that IVF centers that continue practicing these procedures without informing families about the legal consequences for the Supreme Court ruling on 10/22/2024 may bear responsibility for the legal implications, such as being unable to remove the surrogate mother from the birth certificate. Ongoing cases before the ruling date are one thing, but it is entirely different to promote and misinform, especially the surrogate mother, about these practices, as she has no intention of appearing on the birth certificate. Regarding ongoing cases, the decision on how, when, where, and what action or process to initiate to safeguard the interests of children born through these practices will depend on the expertise and judgment of each professional.
In our practice, we constantly work to provide our clients with the legal protection and security they need for their families. The current situation in Argentina has posed significant challenges, especially for those opting for non-traditional family models, such as same-sex couples, single men and women, and surrogacy.
In recent statements, the Minister of Justice affirmed that only "sexual identities aligned with biology are recognized". Criminal investigations are attempting to equate human trafficking with surrogacy, as requested by the Pope earlier this year. The Catholic Church has been clear in its stance: it considers morally unacceptable assisted reproduction techniques that separate procreation from the marital act or involve the sacrifice of embryos, maintaining that procreation should result from an act of love within marriage.
It demonstrates considerable ignorance to compare the surrogacy process to child trafficking or to claim that foreigners are taking Argentine-born babies. Argentina recognizes jus soli, meaning any child born in the country is Argentine, and by law, it is impossible to renounce this nationality. Children also acquire their parents' nationality, but most importantly, children have no roots; they do not belong to or are the property of any state—they are free.
It is worth noting that The Hague Conference on Private International Law is working on an international convention to provide legal recognition to cross-border surrogacy agreements. If this practice were as immoral or illicit as some officials and the Pope claim, efforts would not be underway to create an international legal framework that regulates it and offers security to the parties involved.
You can contact us at info@quaini.com or WhatsApp +5491121938746 if you want a specific consultation.
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You can contact us at info@quaini.com or WhatsApp +5491121938746 if you want a specific consultation.