Surrogacy in Argentina
Surrogacy in Argentina is not prohibited by law, but a clear legal framework that would regulate the use of this method of infertility treatment has not been created. The government is working to legalize surrogacy in Argentina without financial remuneration.
In Argentina, there is a well-developed medicine in the field of reproductive technologies, there are many clinics for the treatment of infertility. The Ministry of health has created a special registry for medical institutions that provide services in the field of artificial insemination, as well as have sperm donor banks and egg donor databases.
Argentina is the first country in Latin America to recognize same-sex marriage. Gay couples who are legally married have the same rights as heterosexual couples, including the right to adopt children.
If a gay couple wants to undergo a surrogacy program, they will have to get an adoption permission from the surrogate mother after the child is born. A woman must relinquish her parental rights to the newborn, admit paternity of one of the spouses, whose partner can adopt the child.
But, as practice and numerous reviews on forums show, this procedure causes certain difficulties, since there is no legal framework, so even a signed contract with a surrogate mother will not have legal force in this case.
The government is working to legalize altruistic surrogacy and develop a law that would protect the rights of the surrogate mother, potential parents, and newborn.
Many clinics of reproductive medicine in Argentina have developed special combined programs that involve IVF in Argentina and delivery of frozen embryos, their transfer to the uterus of a surrogate mother in a country where surrogacy is legal (most often in Ukraine, the United States, Canada). Such programs are only available for heterosexual couples.
How much does it cost to participate in the program?
The price of the above-mentioned combined programs varies from 60,000 to 95,000 dollars depending on the country (the most expensive programs are those that involve moving to the United States).
Surrogacy in Ukraine is much cheaper, even taking into account flights and related expenses. For example, the agency VittoriaVita offers programs with the cost 36,000-50,000 Euros.
Alternative countries where surrogacy is legal
Ukraine is one of the few countries where surrogacy is regulated by a number of legal acts. The benefits in programs for the treatment of infertility in Ukraine:
- high level of medicine in Ukrainian centers of reproductive technologies,
- strict selection of candidates for the role of surrogate,
- the law protects the rights of biological parents, newborns and surrogates.
- in Ukraine, there is a large selection of centers of reproductive medicine that work under a contract,
- parental rights belong to the biological parents, the surrogate mother does not legally have any rights to the newborn,
- affordable cost of programs,
- the ability to combine different methods of assisted reproductive medicine.
Among the disadvantages, we will highlight one: gay couples are not allowed to participate in the program.
America is the first country in the world to use surrogacy for infertility treatment. Highlight the advantages:
- high level of medicine in the United States,
- the world’s best indicators of success of IVF protocols,
- agencies work under a contract,
- the surrogate mother has no right to keep the child herself,
- the newborn automatically receives American citizenship,
- parents’ names are entered in the birth certificate immediately without the adoption procedure.
- in the United States, there is no single law that regulates the field of reproductive technologies,
- surrogacy is legal in several States, but the law in each individual district differs,
- for violation of the law in this area, criminal liability is threatened.
In Mexico, surrogacy is only allowed on a free basis.
- programs are available to Mexican heterosexual couples for medical reasons.
- lack of a single Federal law that would regulate the scope of surrogacy in all States,
- programs are not available for gay couples and foreigners,
- it is difficult to find a surrogate mother, because the law prohibits payment of compensation.
Surrogacy has been legal in Canada since 2004.
- programs are available for gay couples,
- the field of infertility treatment is regulated by the “law on assisted human reproduction”,
- complete confidentiality of participation in infertility treatment programs,
- the surrogate mother has the right to compensation for temporary disability after the birth.
- the law prohibits to pay financial reward to surrogates,
- violation of the law entails criminal liability.