Surrogacy in Argentina

What steps are involved in the egg donation and Surrogacy process?

• Surrogacy and egg donation are two distinct processes related to assisted reproduction, each serving different purposes in helping individuals or couples achieve their goal of having children. Egg donors and surrogates are different women. Egg donation involves a woman (the egg donor) providing her eggs for use in assisted reproductive techniques, like IVF and the gestational carrier is the woman who carries your baby but is not genetically linked to the embryo. The egg donation surrogacy process lasts around 14-18 months, sometimes more. Each surrogacy journey is individual with its risks, ups, and downs and although there are some common timeframes accepted, comparing your journey to others is not advisable.
• How does the surrogacy process work?
• Intended parents are spending a lot of time on research to select a destination for their international surrogacy journey. The legal frameworks of countries where surrogacy is legal for hetero or gay couples are constantly changing, making tracking the surrogacy process challenging.
• Surrogates are individuals who carry a pregnancy for someone else, either through traditional surrogacy (using their egg) or gestational surrogacy (using another person’s egg). If you are considering using a surrogate, selecting a reputable surrogacy agency is the key, and once the time comes to be matched with a surrogate be transparent with her about your expectations, be honest that you worry and it’s difficult to be distant, not having the chance to be physically present, communicate openly and celebrate the surrogate’s role and contributions in creating your family.

• Surrogacy by nature is altruistic in Argentina, and Buenos Aires, meaning the surrogate cannot receive payment beyond reasonable expenses. The only practice recognized in Argentina, Buenos Aires is Gestational surrogacy, where there is no genetic link of the embryo to the surrogate.
• Surrogacy is not expressly regulated by law. However, practical pathways exist, particularly in the Autonomous City of Buenos Aires, where surrogacy-related administrative procedures have been established.
• A Supreme Court decision in October 2024 (CIV 86767/2015/1/RH1 y otro) clarified that surrogacy is not explicitly prohibited under the Civil and Commercial Code, Reproductive Health Law 26,862, or other legislation. It emphasized that parentage must follow the principles of birth and child welfare outlined in Article 562 of the Civil and Commercial Code. The court ruled that the birth certificate must list the surrogate mother as the birth mother and one of the intended parents. While both intended parents cannot be registered as legal parents at birth, the decision highlighted the importance of the child’s best interests, socio-affective reality, and the surrogate’s autonomy in choosing whether to assume a parental role.
• Both the surrogate and the intended parents must provide informed consent before the treatment begins. These consents must be signed before a notary, and intended parents have the option to complete this digitally without the need to travel to Argentina. Children born via surrogacy in Argentina automatically receive Argentinean citizenship.
• Argentina grants Argentinean ID and passport, enabling them to travel internationally without facing risks of statelessness. However, the visa topic needs to be checked until traveling based on an Argentinean passport globally.