Our firm is in charge of legal advice for surrogacy, donation of gametes, and embryos, in Argentina as well as outside Argentina with the assistance of our colleagues outside Argentina.
Families must evaluate where and under which legal frame to safe their embryos to be able to dispose of them in case of divorce or disagreement of when they should be used. Do you know if you divorce, separate, or are not in agreement the embryos cannot be disposed of freely in Argentina?
We have a large experience in international adoptions, in fact today several Italian families, resident in Argentina can adopt in 10 different countries. We accomplished more complex child abductions cases, and now we are dealing with first cases in surrogacy in Argentina with vast experience acquired abroad. We know that the most important thing to you is your family. Allow us to advise you through an important decision that your life and family require.
The LGBT community is welcomed in our firm as well, we have already had a case with a same sex couples and now they have their baby who was born through surrogacy in Argentina. The most important thing is the inalienable right to have a family. We don’t hesitate to defend the rights of anybody, which are not only constitutional but international, particularly the rights of a new born.
Surrogacy is a way of having children, creating a family, It’s a privilege to be able to advise in the formation of families.
How is surrogacy in Argentina?
In Argentina there is no law that specifically regulates surrogacy, neither is there a law that prohibits it. In Argentina the new civil code that was put in effect as of August 2015 eliminated the regulations that took into account surrogacy. It is up to the judges in each individual case to make a decision on what the outcome will be for each surrogacy case that takes place in Argentina, as well as for the child's best interest.
The Inter American Court, in the decision of "Artavia Murillo y otros vs. Costa Rica (Fecundacion In vitro)" of december 2012, The court stated that through the methods of assisted reproduction (not excluding surrogacy) more than 5,000,000 children live to this day that would not without these techniques. It referred to the embryo as property and not a person. The decision "Mennesson Labassee v. France TEDH 2014 reminds us that the right to self-identity forms an integral part of the notion of a private life, and that there is a direct relation between private life of the child born through surrogacy and the legal decision of the filiation. The existing relationship between the child born through surrogacy and the intended parents constitutes a family bond in the interest of the child.
Whether it is a single woman or man, heterosexual couples, or homosexual couples they have the inalienable rights of having a child and expanding their family. Science advances faster than the laws and we must accommodate to the reality of today’s actual needs.
First leading case on Surrogacy in Argentina. June 2013. Achieved through our law firm
The judge Maria del Carmen Bacigualupo, in charge of the National Civil Court N° 86 where the birth certificate of a newborn was solicited by the parents in a surrogacy process that took place in Argentina. Judge ordered the registration of the daughter born in Buenos Aires in the Civil Registry under the name of the intended parents. It was a decision without precedence in the country. Judge stated that there are no laws to allow or prohibit surrogacy and even if it was known the draft of the Civil Code regulated surrogacy, it could or could not turn into law, but without a doubt it operated as a guideline for the case.
The judge stated that more relevant element is in the determination of filiation of those children born under assisted reproductive techniques it is through the will of the persons who participated in the process. The arguments ended up giving the idea that it is about a reality that even though it is not legislated it deserves an answer in this case.