Surrogacy Argentine 2025
AN IMPORTANT MESSAGE FOR INTENDED PARENTS SEEKING LEGAL SECURITY FOR THEIR CHILDREN AND FAMILIES THROUGH SURROGACY IN ARGENTINA
After the October 22, 2025, ruling of the Supreme Court of Justice of Argentina (CIV 86767/2015/1/RH1 and others: S., I. N. v. A., C. L. regarding challenge of parentage), the surrogate carrier who decides to undertake a surrogacy arrangement cannot be removed from the birth certificate, as this is considered a matter of public order. The Supreme Court refers to an integrative adoption, allowing for an additional parent to assume parental responsibility, but without displacing the surrogate woman.
First instance courts may or may not follow the rulings of the Supreme Court, as decisions are not binding. This will depend on each judge and jurisdiction, which is determined not by the baby's place of birth but by the update residence of the surrogate carrier at the time of filing the motion.
No lawyer can guarantee the removal of the surrogate carrier from the birth certificate since she is considered the legal mother of the child, with the same rights as the other parent. Furthermore, parental responsibility and inheritance rights do not disappear even if she does not reside in Argentina.
Assisted reproduction centers such as Cegyr, Halitus, Wefiv, and Gestanza have decided to stop surrogacy processes due to the lack of legal certainty based on the information hereinbefore. It is not serious to proceed under such legal uncertainty, which ultimately affects the child born, the parents, and the surrogate carrier.
Recently, I have received consultations from parents with their babies, whose surrogate carrier have demanded large sums of money to sign travel authorizations, or to provide documentation for the child's destination country. Beyond being a crime, bringing a child into a legal framework like this is inappropriate.
Additionally, some parents are currently unable to leave the country with their children due to civil and criminal judicial investigations. Criminal lawyers are charging these parents between €10,000 and €30,000 to "resolve the issue," with fees paid into foreign accounts and without issuing legally required invoices.
Remember the "surrogacy flyers" in trains and subways. You can see in the photo accompanying the article a logo linked to an agency in Georgia, as published in La Nación and Clarín diario clarín https://www.lanacion.com.ar/sociedad/para-las-agencias-sos-una-vasija-el-drama-de-las-mujeres-pobres-que-alquilan-sus-vientres-para-nid12112024/.
After the scandal, the agency changed its logo, but not its website or ownership. [https://surrogacy.global/es/argentina/] continues offering treatments at https://fecunditas.ar/
Tammuz [https://www.tammuz.com/es/plan-en-colombia-argentina/], an Israel surrogacy agency, continues offering surrogacy processes in Argentina through [https://celagem.com/conocenos/#nuestras_clinicas], promoting “baby at home” programs.
After the October 22 ruling of the Supreme Court, no honest lawyer should advise his/her clients to pursue surrogacy processes in Argentina, with a birth certificate without the surrogate carrier, where there is no legal certainty, risking the future of the family project.
In case of doubt, propose to the lawyer offering to remove the surrogate woman to commit to paying you $100,000 USD if he/she fails to do so. Of course in writing and signed. Also ask for the favorable rulings in this regard since October 22.
IVF centers should not turn a blind eye, prioritizing profit while ignoring issues like the "ads offering surrogacy in trains" or "baby at home" and a baby that could not have the parents in the birth certificate.
Responsible parents with embryos in Argentina are transporting them to other countries to proceed within a legal framework that offers security, particularly Colombia.
For any inquiries: info@quaini.com. Think twice before making an irreversible mistake.