Surrogacy in Argentina Intended Parents emmbryos
Intended Parents with Embryos in Argentina for Surrogacy: Steps to Take for Upcoming Cases
For intended parents (IP) with embryos in Argentina considering surrogacy, or those planning to initiate the process, we strongly recommend transferring embryos to countries with clearer legal frameworks. Starting a surrogacy process in Argentina is highly inadvisable given the current legal uncertainties. Contact us for tailored guidance on the most appropriate path for your specific case. info@quaini.com
Legal Context in Argentina
Since October 22, 2024, district attorneys and recent rulings have consistently denied the possibility of omitting the surrogate’s name from birth certificates. These developments follow the Supreme Court’s decision on the same date, which has significant implications for surrogacy cases in Argentina.
Key Legal Opinions
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Supreme Court Decisions: ‘S., I. N. c/ A., C. L. s/ Impugnación de filiación’ and ‘L.G.P. in case CIV 86767/2015/2/RH2’ emphasized that the regulation of surrogacy falls within the legislative domain, not the judiciary. This aligns with Supreme Court rulings (e.g., Rulings: 300:700; 306:1597) stating that courts must respect constitutional limits assigned to other government branches (e.g., Rulings: 343:345, opinion by Justice Rosatti).
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Article 562 of the Civil Code: Applies to births from assisted reproductive techniques. Attempts to challenge its constitutionality or exclude the surrogate’s name from birth certificates are advised to be rejected.
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Public Policy Considerations: According to Article 12 of the Civil and Commercial Code (CCCN), these provisions are matters of public policy and cannot be waived by private agreements. Justice Rosatti has underscored the risks of allowing commercial surrogacy, which could exploit vulnerable populations—a concern explicitly addressed by the legislature.
Related Rulings
The ruling in “Defensor del Pueblo de la Ciudad Autónoma de Buenos Aires y otros c. GCBA y otros s/ amparo-otros” (CCont. Adm. y Trib. CABA Sala I, 08/04/2017) noted that children born through surrogacy have contributed to a reproductive tourism industry in Argentina, attracting non-residents and earning Buenos Aires the label "The Mecca of Surrogacy."
Implications for Intended Parents
The Argentine legal framework regarding surrogacy is both flawed and uncertain, creating significant risks for all parties involved. Courts have been urged to dismiss claims that seek to deviate from established legal standards.
Advice for Intended Parents
We frequently encounter misinformation about family law, particularly suggestions to use adoption to exclude the surrogate from birth certificates for non-resident IP. This is not a viable option. If a fertility clinic or agency recommends an attorney proposing this alternative, consult qualified family law attorneys immediately. Your consulate can provide a list of trusted attorneys to avoid missteps and poor advice.
Next Steps
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Consult Experts: Seek guidance from experienced family law attorneys familiar with surrogacy laws in Argentina and abroad.
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Relocate Embryos: Move your embryos to countries with clear legal frameworks for surrogacy.
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Avoid Pitfalls: Be cautious of advice that contradicts established laws or rulings in Argentina.
Contact us to discuss your case and explore the best options for your surrogacy journey.