Surrogacy in Argentina for gay couples is gaining worldwide popularity due to a favorable legal framework.
Gestational surrogacy is a process in which a woman carries a baby for another person or couple who cannot conceive themselves. When it comes to surrogacy, Argentina has become a popular destination for intended parents from around the world. In Argentina, surrogacy is available to singles and couples of any marital status, sexual orientation, or nationality in Buenos Aires. Children born through surrogacy are entitled to an Argentine passport. In this article, we will give you a comprehensive guide to gay surrogacy in Argentina and why you should consider raising your family through surrogacy in Argentina.
The Legal Landscape of Argentine Surrogacy
Argentina is becoming an increasingly popular destination for surrogacy among various groups, including singles, same-sex couples, single males, and married or non-married heterosexual couples. The legal framework in Buenos Aires is highly favorable for surrogacy, as only the intended parent(s) are listed on the newborn’s birth certificate, giving them full parental rights from the moment of birth.
In 2017, a series of legal challenges in Argentina resulted in a judicial decision in Buenos Aires that recognized the rights of surrogacy parents to be legally recognized as parents on a birth certificate without the need for a decree of court, provided certain requirements are met.
Argentina has a progressive approach to surrogacy, as it is one of the few countries in Latin America that allows surrogacy for all couples and individuals, regardless of their sexual orientation. However, it is important to note that surrogacy is only legal when it is altruistic, meaning that the surrogate mother does not receive any compensation for carrying the baby. Additionally, the surrogacy must be done by court order and the intended parents must be residents of Argentina, except for Buenos Aries.
Surrogacy in Argentina is regulated by the National Ministry of Health. According to Argentine law, surrogacy can only be done if there is a medical indication that a woman cannot carry a pregnancy to term or if the pregnancy would endanger her life. Additionally, the surrogate must be over 25 years old, have given birth to at least one child, and undergo a psychological evaluation.
Types of Surrogacy
In Argentina, only gestational surrogacy is allowed. In such an arrangement, the surrogate is only a carrier of the baby and has no genetic link to the baby. The surrogate carries an embryo created using the intended parents or donor eggs and sperm through in vitro fertilization (IVF).
Why gay surrogacy in Argentina?
The country’s capital and largest city, Buenos Aires, has become an important recipient of LGBT tourism and has been described as the “gay capital of South America”. Argentina is a great place to live or visit. The country has a lot to offer and is one of the safest countries on the continent, with developed infrastructure, good weather and friendly people.
Gay surrogacy in Argentina will gain popularity due to many favorable factors.
Mainly, for same-sex couples who want to have both parents’ names on the baby’s birth certificate, this is a good option because it is possible to have both parents’ names, and no court order is needed.
In 2015, Argentina’s Civil Code was revised, and it recognized a third source of reproduction and birth through ART. Surrogacy is not mentioned nor is it prohibited. Thus, there is no legislative regulation of surrogacy in Argentina that allows or prohibits any method or procedure for having a baby through third-party reproduction.
Under Argentine law, such proceedings must be altruistic in nature, meaning that a surrogate can only be paid real expenses. Since 2013, most Argentine nationals practice surrogacy however, more recently foreigners are paying attention to surrogacy in Argentina because surrogacy is allowed regardless of the nationality of the parents and the sexual orientation of the intended parents.
After birth, parents must register the baby in the Civil Registry. Obtaining an Argentinean passport and citizenship for a newborn can take up to 4 weeks.
LGBT surrogacy in Argentina
All types of families, including single men/women, same-sex couples, unmarried hetero couples, and married hetero couples are eligible to opt for surrogacy services.
The legalization of same-sex marriage and the same reproductive/family/ and parental rights as hetero couples make Argentina an attractive option for gay couple surrogacy
Gay marriage was legalized in Argentina on 15 July 2010, after an affirmative vote in both the Chamber of Deputies (lower house) and the Senate (upper house). Same-sex couples are eligible for the same benefits and protections as opposite-sex couples (including adoption). Some cities also have civil union laws that continue to be enforced as an alternative to marriage but offer more partial rights.
It is possible to have the names of both parents (for same-sex couples) on the baby’s birth certificate. Also, the baby can get Argentinian citizenship and a passport, if needed.
Adoption and parentage rights
Same-sex couples have been able to legally adopt since July 2010, when the same-sex marriage law came into effect.
Although Argentina has no laws regarding post-birth surrogacy parenting, in the City of Buenos Aires, a previous class action meant that the intended parents were recognized as the legal parents. Both intended parents (or a single parent) appear on the baby’s birth certificate in cases of surrogacy. The name of the surrogate mother was not mentioned. Such surrogacy-born children are also entitled to an Argentine passport. (The Registry of Marital Status and Legal Capacity of the City of Buenos Aires issued Regulations 93/DGRC/17, 103/DGRC/17, and 122/DGRC/20).
Cost of gay surrogacy in Argentina
On average, the cost of surrogacy in Argentina ranges from $70,000 to $80,000 USD. A typical surrogacy package consists of medical expenses, egg donor fees, surrogate mother compensation, legal fees, and agency fees. However, the cost may be higher or lower depending on the details of each case.
After many countries banned gay surrogacy, there was a great need for new surrogacy countries for gay couples that were safe and affordable. Surrogacy for gay couples is legal in Argentina, and the country has become a popular surrogacy destination due to its favorable laws and relatively low surrogacy costs.
The cost of a surrogate mother in Argentina is in the same range as in Mexico and Colombia. The surrogacy arrangement is altruistic and may reimburse for medical, travel, lost wages, etc.
More resources for gay surrogacy costs:
Surrogacy For Gay Couples Made Easy And Affordable
Gay surrogacy costs
Best countries for gay surrogacy
Gay Surrogacy in Colombia
Gay Surrogacy in Mexico
Where to go for surrogacy gay surrogacy
Benefits of Surrogacy in Argentina
Surrogacy in Argentina offers several benefits, such as:
- Favorable legal framework that ensures the rights and protection of all parties involved.
- The cost of surrogacy in Argentina is relatively lower compared to other countries such as the USA.
- The country also has excellent medical facilities and experienced professionals who can provide high-quality care throughout the surrogacy process.
- The reproductive and adoption rights of gay couples are the same as hetero couples.
- Last but not least, the names of both intended parents can appear on the baby’s birth certificates after the baby’s birth, and there is no need for a court order or second adoption in the case of gay couple surrogacy.
Conclusion
Surrogacy in Argentina offers a viable option for those seeking parenthood and especially for same-sex couples. The legal framework ensures the rights and protection of all parties involved, while the relatively lower cost of surrogacy compared to other countries makes it an attractive option.
If you are looking for reliable, affordable, and arranging surrogacy services, contact IVF Conceptions. We help prospective parents choose the affordable and legal surrogacy country according to their specific case and then manage their entire program with our local partner team until the time they return home. We are a one-stop solution for your fertility needs. Contact for a free consultation!!
