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 also 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. It is up to the judges in each individual case to make a decision on surrogacy cases 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 consent of the persons who participated in the process. After the firs leading case, Argentina now has more than 40 cases of babies born in surrogacy process.