Surrogacy in Argentina. What we can do for you

surrogacy argentina

Registration of birth certificates in Buenos Aires under 122 Civil Registry ruling surrogacy. VERY IMPORTANT
The Civil Registry of the City of Buenos Aires has interpreted the ruling of Chamber I of the Administrative and Tax Litigation Chamber of the City of Buenos Aires, in the case "Ombudsman of the City of Buenos Aires and Others s/ Amparo - others" Expte- 1861/2017, that allows Surrogacy in the city of Buenos Aires.
The Intended Parents and the surrogate must sign the protocolization of the consents in a Notary's Office in Argentina together with an affidavit in a public deed. It cannot be carried out by a remote notary virtually or by proxy. The Civil Registry has all the power to reject registering the baby under the name of the Intended Parents, and in this case Intended parents should file a case in a court to register the baby under their names.  No attorney can guarantee a court order will do that. INTENDED PARENTS  DO NOT HAVE TO CERTIFY SIGNATURE BY REMOTE NOTARY SINCE IT IS NOT REQUIRED BY CIVIL REGISTRY, WHAT IS MANDATORY IS THAT INTENDED PARENTS AND THE SURROGATE SIGN AFFIDAVIT IN PUBLIC DEED AND REQUIRE THE PROTOCOLIZATION TO THE NOTARY IN ARGENTINA IN PERSON. THE PROTOCOLIZATION CAN BE DONE AFTER THE EMBRYO TRANSFER BUT BEFORE THE BIRTH OF THE CHILD
The Civil Registry must not issue any general written provision on how it interprets the law case.
The Registry's position is based on article 560 of the Civil and Commercial Code of the Nation, which states that the intervening health center must obtain the prior, informed and free consent of people who undergo the use of assisted human procreation techniques. . This consent must be renewed each time gametes or embryos are used. The Registry considers that the presence of procreative parents in Argentina is obligatory. Protocolization now can be done until before the baby is born.
Since 2015, the courts in these practices require protocolization before the embryo transfer. Since 2017, the Civil Registry has also requested this. Now it can be protocolized before the birth of the child.
Civil Registry in a conference by zoom 16/9/2023 autotized signature at distance with a system Notary Bar has in Buenos Aires for parents lliving abroad as an exceptional measure and doctor ans surrogate must be in the medical center at this time.
If you received wrong legal advise, your surrogacy case may be in danger.  You can retain an attorney from any Consulate list, ask your Consulate, you have lawyers  your Consulate already checked to be in the its list,  who will go to the legal area of the Central Civil Registry. The attorney will inform you what legal team in the Civil Registry will explain him/her.
Lawyers and IVF Center are responsible for any malpractice, damages, and moral damages for any mistake in the surrogacy case.
If any payment was done to a bank account in the United States, through a company, or by people residing in Argentina but related to companies in the United States, we advise you to consult an attorney in United States or directly to the FBI . The practice may contitute a fraud crime. It could also be a State crime. Avoid making payment to electronic wallets, ask to pay to a bank account to be sure whom and where you pay.
You can ask your Consulate in Argentina to send you an attorney’s list Consulates use to have, feel free to ask the legal opinion, avoid being victim of scam, fraud or malpractice .
Agencies inside Argentina are forbidden concerning surrogacy since the objet is altruist, any doubt, consult the Inspeccion General de Justicia and Afip, you will check no agency for surrogacy is registered, because they cannot.
 
Buenos Aires Civil Registry
Uruguay 753 CABA.
direccionregistrocivil@buenosaires.gob.ar or to  Facundo Bargallo Benegas, General Director  fbargallobenegas@buenosaires.gob.ar

 

Judge against surrogacy void because of the commercial subject

A judge in Córdoba did not approve a surrogacy process, because it was a  commercial relationship and not altruistic. This is for those who misinform that surrogacy in Argentina can be commercial and make IP sign contracts/agreements between surrogate and IP, a big mistake.  IP asked me if it is legal companies in Argentina are paid for surrogacy services. In Argentina you will not find a company authorized for these practices, since as the judge itself  says, the object would be null, and would not be approved. If in doubt, you can consult it at the “Inspección general de Justicia” https://www.argentina.gob.ar/justicia/igj
The decision mentioned that  any right is not absolute, and there are circumstances or conditions that must necessarily be met in order for this procedure to be legitimate and authorized. One of the minimum standards that must be given is symmetry in the search for said project between the IP and the surrogate; The free and full consent; the evident externalization of the procreational will; In this sense and highlighting the background of art. 562 of the Civil and Commercial Code, altruism was a requirement; There are no underlying solidarity ties, only an economic compensation for the possibility of carrying out said pregnancy.
The altruistic sense has been a basic axis in the draft of the Civil Code. Regarding the commercialization of the ability to conceive, it is not viable, there must be a certain altruistic vocation under penalty of committing prohibited or illegitimate acts. Beyond the legal vacuum, the surrogate did not endorse the relationship where there was an absolute asymmetry between the IP and the surrogate, not only in terms of socioeconomic status, but also concerning access to information, resources and services.
This decision referred to another where it indicated that there should be no "exploitation" of the surrogate mother, since the objective of the surrogate mother must be totally altruistic, acting as a vehicle so that the wishes of the future parents can come true. MJ-JU- M-105310-AR, “FILE Nº *** – W., B. – C., L. E. – R. T., D. S. – APPROVAL REQUEST - LAW 10,305”
“EXPEDIENTE Nº *** – W., B. – C., L. E. – R. T., D. S. - SOLICITA HOMOLOGACION - LEY 10.305”
It should be noted regarding questions that foreign parents have asked me about whether it is totally safe a judge approves a surrogate case; the answer is  in the case referred hereinbefore . Court may  even declare the lack of jurisdiction. Regarding the professionals who said that this process would take  2 months, ask them how many process were carried out by them, because it is a big mistake, also ask which courts granted such decisions. You will see the answer is "zero". Before 2017 we had dozens of cases and the fastest one took 5 months in the national courts, while others have still been in court for 8 years, due to appeals by the Public Prosecutor who does not agree with these practices and makes the case be appealed many times to our highest court, other cases took no less than 1 year and were no commercial cases.https://www.infobae.com/sociedad/2023/03/21/va-a-cumplir-8-anos-y-todavia-espera-un-fallo-de-la-corte-para-que-le-reconozcan-a-sus-dos-papas/
 
Surrogacy in Argentina, Buenos Aires City
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  ART Commission in the American Bar Association, 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.
Since  October 2017,  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 lessone month. No court order is required at all.  The surrogate  will not appear in the birth certificate.  Only the intended parents will be  in the birth certificate.  The child will have the Argentine Nationality since Argentina has the "ius solis".   
Part of the process can be carried out in Argentina and part in another country. You can bring your genetic material from other countries in tanks with nitrogen. Surrogates maybe from Argentina and other countries, process, embryo transfer maybe done in any country.
 
 

WARNING SURROGACY ARGENTINALocal  surrogacy agencies are forbidden since surrogacy is altruist and agency must have a commercial target.  IVF clinics should not offer surrogates.   Attorneys should not offer surrogates.  Any doubt, contact us. Any document you sign may be null and it could be a felony. 

Fraud and scams articles:

https://www.latimes.com/world-nation/story/2022-07-10/she-promised-customers-babies-on-the-cheap-using-surrogates-in-mexico-what-could-go-wrong
 
 

WARNING SURROGACY ARGENTINA

Families who need a visa for their children born in Argentina trough surrogacy  must do a legal consultation with your attorney specialized in Surrogacy / Migration to assist you with documents.  I had several consultations from Australia, New Zealand. Australia will not allow to enter your son under tourist visa, you need a special visa or an Australian passport. Pls check  ​https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/by-descent/international-surrogacy-arrangements and ask your local authorities, you maybe have to stay for a long time here before coming home.  In my experience, talking with my fellows in Australia, Australia officers may  prepare  interviews with different persons participating in the surrogacy process and it is important you tell the truth.    I can referral fellows in your country in required.

 

 

ebryo Argentina

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 welcome to 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.
As surrogacy in Argentina is not commercial, you must take care about who is offering   surrogacy services.   We suggest you ask references from other families who already had children through surrogacy.
There are a lot of frauds in the web.  Agencies, that  has not offices at all, only services online.  You must be sure person who offers legal services, or any other services if they are authorized by law.  We know about awful experiences families had not only in Argentina but also, I Ukraine, Georgia, Thailand.  You should  always do research in internet with the name of the persons offering services and the company, it would be a good starting point.
Most of the information is the Google, in the web, you can check in seconds a registration of any company. Be aware to nice colors in web pages, trust in the persons, in references, in contact and in families already had children in the same IVF/ICSI Clinic and with the persons who are offering you services.
 
 
egg donation argentinaFirst 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. info@quaini.com 

 

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