Surrogacy

[Brian_is_here]

The price of selling your body is a very personal decision indeed.

 

[Give Me Life]

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.

In Argentina surrogacy processes can be carried out by same sex couples, single men, single women, and also by heterosexual couples where the woman cannot carry a pregnancy to term. Although Surrogacy is not expressly legislated in Argentina, it is not prohibited, but I want to clarify that it is only legal to do it if the IPs already have a surrogate mother. That woman can be Argentine or a foreigner, no problem. But it is illegal in Argentina to offer services matching IPs with surrogates and make money from it. So, remember: the surrogate mother cannot receive compensation. Although there could be compensation for expenses. The surrogate mother should act altruistically, disinterestedly and based on family or affective solidarity, leaving aside a possible exploitation of the surrogate mother.

There are different requirements requested by fertility centers to carry out a surrogacy process. From the legal point of view, the only requirement is the signature of the prior, free, express and informed consent of the intended parents and the surrogate mother. It can be done with donation of gametes. Admissibility requirements in medical clinics would be that the surrogate mother has full capacity, good physical and mental health; at least one baby born healthy and that the surrogate mother has not contributed her gametes.

Regarding the registration of the minor born through surrogacy, there is a substantial difference in terms of whether the birth takes place in the City of Buenos Aires or in any other part of Argentina. In the case of the entire Argentine territory except Buenos Aires, for a minor to be registered in the Registry of Persons a judicial process will be necessary. If the minor is born in the Autonomous City of Buenos Aires, IPs can choose to make use of the provision no. 122/DGRC/20 that ordered that the Registry of the Civil Status and Capacity of the People of the city of Buenos Aires register in preventive terms the minors born through surrogacy, in accordance with the prior, free and informed consent expressed by the parents with procreational will. The data of the surrogate mother will be recorded in the corresponding file but these data will not be visible in the birth certificate, they only remain in the file. This provision operates regardless of whether the surrogacy process has been carried out in any part of Argentine territory or abroad and regardless of the nationality and residence of the gestational parents, provided that the minor is born in CABA. The birth will be registered without prior judicial authorization. IPs and the surrogate mother should sign a private contract between the parties - in this contract, mention can be made of expenses, food, care and hygiene, obligations regarding attendance at medical check-ups, who will witness the birth, etc. So, in Argentina, fertility centers can carry out embryo transfer in the pregnant woman without prior judicial authorization, just by signing the medical consent that must contain information regarding the medical, psychological and legal aspects involved.