Surrogacy

[Millie]

Hi All.,,
I recognize that this is a very personal type of post but I am wondering if someone can help with a definitive legal answer…
My husband and I would love to have a child, but due to a health issue, I can’t have children….
I know that it is legal here in Argentina to have a baby through a surrogate..
My question is : I am a permanent resident, married to an Argentine.. would I be elegible for this despite the fact that I don’t have Argentine citizenship?
I don’t want to bring this idea up to my husband before knowing this critical piece of information..
I have a wonderful Doctor in Rosario but I haven’t had the chance to ask him detailed questions yet … but I will ask him as soon as I see him on March 18… Until then, I was wondering if anyone knows about this . This is a very important subject for me and obviously a sensitive one and I am eager to talk to my husband about the possibility ASAP…
Thanks in advance for any info about this.

 

[nikad]

I am not an expert in the subject but I can only tell you that surrogacy is not illegal in Arg but it is not legal ( regulated ) so you need to be extremely cautious and do your own research, talk to doctors, lawyers, etc to avoid nasty surprises. Most cases I have ever heard of have been between family members or very close friends. I also know that most couples or single parents do it abroad because they feel safer in terms of laws, etc. I am sorry I cannot be more helpful.

 

[Millie]

I am not an expert in the subject but I can only tell you that surrogacy is not illegal in Arg but it is not legal ( regulated ) so you need to be extremely cautious and do your own research, talk to doctors, lawyers, etc to avoid nasty surprises. Most cases I have ever heard of have been between family members or very close friends. I also know that most couples or single parents do it abroad because they feel safer in terms of laws, etc. I am sorry I cannot be more helpful.

Thanks for this info … absolutely I would be extremely cautious if we do decide to go forward .,,

 

[Brian_is_here]

Surrogacy in legally grey jurisdictions is very problematic.

The laws protect both sides of the transaction. The surrogate could just as easily exploit you as you can exploit them.

At the end of the day, i wonder in Argentina with a surrogate who is legally the mother and father and who could be on the hook for issues if either party reneges on their side. Its probably far less problematic to stick with professionals in a jurisdiction where the laws are there to provide a legal framework.

 

[Silvie]

I hear about some of our local celebs that go abroad for this purpose

 

[Bajo_cero2]

It is not true that it is not forbidden.
Even no law use the word surrogacy, to have a baby without being pregnant is enogh to be prosecuted for supresión of civil status. A crime with 6 years of jail.
Because the issue if how to evidence before the Registro Civil the baby is yours.
Seems like something you have to do in another country.
In fact, i saw in the news a couple of Argentines who went to Ukraine to know the baby and got involved in the war.

 

[lunar]

Even no law use the word surrogacy, to have a baby without being pregnant is enogh to be prosecuted for supresión of civil status.

What makes you think that they are not planning to register the baby?

 

[Quilombo]

Firstly I'm sorry to hear of these challenges you guys are facing, this is a sensitive and difficult topic to deal with, and something many people take for granted.

I've read stories of surrogate Argentine parents that had become trapped in Ukraine with the war, which leads me to believe that for whatever reason, it's easier to travel to the other side of the planet than do it here. IVF is legal and regulated here, while surrogacy is more of a gray area.

I can't comment much further on it as my husband and I are opting for adoption instead, perhaps within the next 5 years or so, but for both surrogacy and adoption there's a lot of cases of Argentines going abroad for both.

 

[Bajo_cero2]

What makes you think that they are not planning to register the baby?

I never mentioned a no registration.
In fact the crime is to register the baby without being pregnant. How do you register him or her without the certificate of the hospital? It is possible but complicated.
The main issue is it is a continuing crime. It means there is no prescription.
It is the letter of the law.
Remember that here surrogacy was forced during the last dictatorship.

 

[lunar]

How do you register him or her without the certificate of the hospital?

In the same way home births are registered.

The main issue is it is a continuing crime. It means there is no prescription.
It is the letter of the law.

Does this crime have a name? Is there a specific law that regulates these kind of situations?