Surrogacy in Argentina has undergone remarkable changes in recent years, transforming it from a global surrogacy hub into a challenging destination for intended parents. Once celebrated for its progressive legal frameworks, particularly in Buenos Aires, Argentina is now grappling with complex regulations and heightened scrutiny, especially regarding international arrangements. These developments have significantly impacted the accessibility and appeal of surrogacy within the country, making it a topic of keen interest and concern for intended parents worldwide.
With that said, in search of steady ground, many people now look at other countries like Colombia, for example. But can Argentina still offer its benefits? The Surrogacy Insider will gladly try to answer your most intricate questions.
Understanding the Legal Landscape for Surrogacy in Argentina prior to 2024
The foundation of Argentina's surrogacy laws was rooted in a series of court interpretations rather than comprehensive legislation. In Buenos Aires, the landmark case “Ombudsman of the City of Buenos Aires and Others s/ Amparo – others” established a precedent, requiring surrogacy agreements to be formally signed and notarised. These contracts specify that the surrogate does not intend to parent the child and acknowledges the intended parents' role as the child’s rightful guardians.
Legal Steps
To engage in a surrogacy arrangement, intended parents and the surrogate were required to enter into a legally binding contract, signed before a Notary Public. This agreement had to:
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Explicitly state the surrogate’s decision not to raise the child.
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Affirm the intended parents’ intention to create and care for the child.
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Be in place before any medical treatment begins.
the child. Still, a parental order is required after birth to solidify legal parenthood.
How Much Does Surrogacy in Argentina Cost?
Grasping the surrogacy costs in Argentina is essential for intended parents, especially with the country's changing regulations. While Argentina used to be seen as a more budget-friendly choice compared to other surrogacy locations, the recent implementation of stricter legal processes has impacted the total financial obligation.
Breakdown of Costs
The total Argentina's surrogacy expenses typically includes the following components:
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Medical Expenses: These cover IVF procedures, embryo transfer, prenatal care, and childbirth. Depending on the clinic and complexity of the medical process, costs can range between $20,000 and $40,000.
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Legal Fees: Drafting and notarising the surrogacy agreement, securing prior court approval, and post-birth legal proceedings to update the birth certificate can add $10,000 to $15,000.
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Surrogate Compensation: While Argentine law doesn’t allow for commercial surrogacy, reasonable reimbursement for expenses related to the pregnancy is permitted. This typically amounts to $5,000 to $15,000.
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Administrative and Agency Fees: If using an agency for coordination, fees can vary from $5,000 to $10,000.
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Additional Costs: Travel, accommodation, and unforeseen medical or legal complications can add $5,000 or more.
Events of 2024 and why Argentina is no longer a go to surrogacy destination
Previously, Argentina provided excellent opportunities for both couples and singles, offering birth certificates issued in the names of both intended parents, regardless of whether they were heterosexual or same-sex couples. This gave Argentina a unique and inclusive advantage. But this is not the case anymore.
In April 2024, the issuance of birth certificates for children born through surrogacy in Argentina was halted, leaving numerous international families unable to leave the country with their newborns.
For all surrogate births occurring after July 2024, the initial birth certificates now list both the surrogate and the intended father. A second court appearance is required to modify the certificate to reflect only the intended parents, adding additional delays to the process.
On October 22, 2024, the Supreme Court of Argentina delivered a landmark ruling, rejecting the validity of surrogacy contracts. The court reaffirmed that the gestational mother is considered the legal parent, regardless of any agreements, and declared surrogacy contracts to be incompatible with Argentine law.
Although some agencies continue to operate in Argentina and promote it as a surrogacy destination, the legal uncertainty, negative experiences, and damaging media attention have led many agencies to redirect their intended parents' journeys to other locations.
Pros and Cons of Surrogacy in Argentina
Pros
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Lower Costs Compared to Western Countries: While regulations have tightened, the overall expenses are still more affordable than in countries like the United States or Canada.
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High-Quality Medical Care: Argentina offers advanced reproductive technologies and world-class healthcare facilities, ensuring safe and effective surrogacy processes.
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Cultural Openness to Family Diversity: Argentina’s progressive stance on family structures supports the inclusion of LGBTQ+ individuals and single parents
Cons
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Stricter Regulations for International Parents: Recent policy changes, including the need for court approval and restrictions on birth certificate issuance, have made the process more complex and time-consuming.
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Delays in Legal Proceedings: The requirement for post-birth legal adjustments, including updating the birth certificate, can result in significant delays, particularly for foreigners.
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Increased Scrutiny of Contracts: International arrangements face heightened examination, with proposals to void contracts involving foreign intended parents who haven’t visited Argentina beforehand.
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Uncertainty Amid Legal Changes: Ongoing lawsuits and legal battles over surrogacy restrictions create a lack of clarity, making future developments unpredictable.
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Potential Ethical Concerns: Cases of unethical surrogacy practices have surfaced, prompting stricter oversight and raising questions about the ethical implications of certain arrangements.
Importance for International Intended Parents
For foreign couples, understanding local laws is paramount, especially given recent restrictions. The requirement for prior court approval, longer timelines for birth certificate issuance, and increased scrutiny of international contracts have made compliance more critical than ever. Failure to adhere to these laws can result in significant delays and legal challenges, particularly for those hoping to return home with their child promptly.
Why Consider Using an Independent Surrogacy Consultant?
As an independent surrogacy consultant working on the side of the intended parents, my role is to guide you in selecting a surrogacy destination and a provider that will decrease the risks associated with engaging with international surrogacy.
Comprehensive and Personalised Services
I offer tailored services and packages designed specifically for intended parents. Whether you need help understanding local laws, preparing legal documentation, or navigating post-birth court procedures, my services are customised to address your unique needs.
Let’s Start Your Journey Together
If you’re considering surrogacy in Argentina and want to learn if it is a viable option, I am here to help. My services and packages are designed to provide clarity, confidence, and legal security. Contact Us today, and let’s take the first step towards making your surrogacy journey a success.
FAQ
Yes, but the process has become more complex in the recent year. International intended parents must obtain court approval before starting the surrogacy journey and complete all legal steps before leaving the country with the newborn. Professional legal guidance is essential to navigate these procedures.
