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Surrogacy in Argentina
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Who can do surrogacy processes in Argentina?
Argentina is a country that has recently appeared on the surrogacy map (less than two years ago).
The surrogacy law in Argentina
A country that does not have explicit regulations on surrogacy.
There is no prohibition related to surrogacy in Argentina, the laws do not mention any restrictions on nationality issues. The legislation states that it must “guarantee that all persons, regardless of their origin or ancestry, have the same opportunities”. Argentina has experienced significant advances in the field of fertility in Latin America in recent years.
Since 2014 the laws of Argentina allow the signing of a surrogacy agreement between an Argentine woman and a foreign citizen, which means that the surrogacy agreement is valid; article 558 states that “Filiation can take place by nature, through assisted human reproduction techniques”, an act that recognises children born through surrogacy in Argentina.
The Civil Code of Argentina can be consulted in its entirety on the site
Other related articles
- Art. 18 of the Argentine Constitution (Principle of Criminal Legality)
- Art. 75 Inc 22 of the Argentine Constitution (International Treaties)
- Art. 16 of the Argentine Constitution (Principle of Equality)
In recent months, authorities have intensified legal action against agencies and individuals involved in surrogacy processes. This issue has been widely covered by various online newspapers, which report on the measures taken, recent cases, and the legal implications. For more details, consult various online news sources:
Infobae, the largest digital media outlet in Argentina:
“Turismo reproductivo”: investigan la venta de bebés argentinos a extranjeros por subrogación de vientres” (“Reproductive tourism”: investigation into the sale of Argentine babies to foreigners through surrogacy).
“Madres pobres y clínicas de fertilización: la mega causa que investiga si la subrogación de vientres fue trata de personas” (Poor Mothers and Fertility Clinics: The Mega-Case Investigating Whether Surrogacy Was Human Trafficking).
CNN Español. Argentina:
“Justicia argentina investiga una supuesta red de subrogación paga” (Argentine justice investigates an alleged paid surrogacy network).
Perfil. Córdoba, Online newspaper:
“Maternidad subrogada: la Justicia imputó a nueve personas por presunta trata de mujeres” (Surrogacy: The court has charged nine people with alleged trafficking in women).
Fiscales.gob.ar, News from the Public Prosecutor’s Office:
“Allanaron centros de fertilidad en una causa que investiga un negocio ilícito transnacional con mujeres explotadas por la subrogación de vientres” (Fertility centers were raided in a case investigating a transnational illicit business involving women exploited through surrogacy).
More recently, an Italian couple was detained at the border because they paid the surrogate mother, in a country where the authorities only “allow” a process to be carried out altruistically, that is, without paying the surrogate mother any compensation:
“Corriere della Serra”, Italian newspaper:
“Argentina, dos italianos detenidos con un bebé nacido por gestación subrogada” (Argentina, two Italians arrested with a baby born through surrogacy).
We must not forget:
- The Civil Registry of Buenos Aires changes its criteria every two weeks on the registration or non-registration of babies. The pronouncement by Pope Francis (Argentina) in October resulted in the closure of the civil registry to surrogacy, which kept dozens of parents in the country for more than 3 months, unable to leave the country.
- Argentinian clinics have similar prices to clinics in the USA: One IVF procedure: 26,000 USD. This makes a program in Argentina more expensive than a program in Colombia, or Albania.
- If you don’t want to end up like the Italian couple in the article, Argentina is not the right destination for you.
- The coexistence of the official dollar and the blue dollar, and the difference in parity between the two, means that clinics are constantly altering their prices upwards.
- We must not forget that President Milei who is doing an admirable job in important economic reforms to improve the lives of Argentines, is against abortion, and that in Europe he has aligned himself with Mrs. Meloni (Italy), Mme. Le Pen (France) or Santiago Abascal (Spain), all of them against surrogacy. It is to be hoped that when someone introduces a law, they can count on the President’s approval.
- The clinics do not offer unlimited programs. So you have to pay for each transfer.
For all these reasons, we can affirm that Argentina is going to be the next country to join the list of countries that prohibit surrogacy for foreigners. And it won’t be long. Even if this does not happen, the total absence of legal guarantees, as indicated above, discourages this destination.
You have come to Gestlife to stay out of trouble. For trouble, there is already the internet and the agencies that are only intermediaries (they are not legally involved in anything, you are the one committing the crime).
If you wish to become a father, with guarantees, there are other destinations available such as Albania, Colombia, Ukraine, Georgia, Greece, USA or Armenia.
You are welcome to arrange a personal meeting with a family counsellor so that together you can discuss the programme that best suits you and your needs.
- This information is an indicative summary of the legislation in your country regarding surrogacy. We recommend that you do not carry out any procedure without first having spoken to one of our legal advisors, and the company is not responsible for any actions that parents may carry out on their own without the direct advice of our lawyers.
