Surrogacy and Human Trafficking: A Ruling That Sets a Limit on the Right

This article analyzes a recent ruling by the National Chamber of Appeals in Federal Criminal and Correctional Matters that rejected equating surrogacy with the crime of human trafficking. It examines the current state of regulation in Argentina and in comparative law, the principles of autonomy, informed consent, and personal liberty, as well as the limits of criminal law in the absence of specific legislation. The paper also addresses the challenges faced by families who resort to this assisted reproductive technology and the need for clear regulations that provide legal certainty to all parties involved. Microjuris Date: 7/13/2026 Citation: MJ-DOC-18865-AR

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