Surrogacy in Argentina: A Comprehensive Guide to the Process and Legalities

Argentina has emerged as a prominent destination for surrogacy. This South American country has made significant strides in legalizing and regulating surrogacy, making it a favorable option for those seeking to start a family through this method.

With its unique combination of progressive laws, high-quality medical facilities, and favorable economic factors, Argentina has become a hub for both domestic and international surrogacy arrangements.

In this article, we will delve into the current state of surrogacy in Argentina, exploring its legal framework, the process for intended parents and surrogates, and the ethical considerations surrounding this practice.

Additionally, we will examine the reasons why Argentina has become a sought-after destination for surrogacy especially gay couples and single men, and the challenges it still faces in fully establishing itself as a leader in this field. In this blog post, we will explore the various aspects of surrogacy in Argentina including the legal framework, surrogacy process, and surrogacy costs.

The key takeaway:

1. Surrogacy has gained significant popularity in Argentina due to affordable costs, favorable laws, high-quality healthcare, and accessibility for all family types including gay couples.
2. The legal framework in Buenos Aires recognizes intended parents as legal parents, allowing only them on the birth certificate. No court order is needed.
3. Typical surrogacy costs range from $65,000-$80,000. Guaranteed surrogacy plans are also available. Costs are 50% lower than the USA.
4. Egg donors and gestational surrogates go through strict screening for selection. Good availability of Caucasian egg donors.
5. The surrogacy process involves steps like finding a surrogate, IVF procedures, pregnancy management, childbirth arrangements, and bringing the baby home.

6. Argentina is an LGBTQ-friendly destination with progressive laws, an altruistic surrogacy model, affordable costs, and supportive agencies.
7. For international intended parents, key considerations are legal aspects, costs, surrogate/egg donor selection, and obtaining Argentine citizenship for the baby.

Introduction

Surrogacy, also known as “gestational parenting” or “third-party reproduction,” is a medical process in which a woman carries a pregnancy and gives birth to a child on behalf of another individual or couple.

We understand that building a family is a deeply personal and meaningful journey. We are here to provide you with comprehensive support and guidance, particularly when it comes to exploring international surrogacy options. In recent years, Argentina has emerged as a favorable destination for singles, same-sex couples, single males, and married or non-married heterosexual couples seeking surrogacy arrangements.

What is the matching timing for a surrogate mother in Argentina?

The process of finding a suitable surrogate in Argentina typically takes between 3 months, depending on the service provider. During this time, intended parents may choose to select an egg donor and create or ship embryos. IVF clinics in Argentina offer access to a pool of potential egg donors, and clinics often facilitate face-to-face or online meetings where intended parents can review pictures and information about the candidates.

The agreement between the surrogate and intended parents, confirming the legal parentage of the child, is signed before the embryo transfer takes place.

Who can build a family in Argentina?

As per surrogacy laws in Argentina, all family types can grow family via surrogacy:

• Married Heterosexual Couples
• Singles Parents
• Married Same-Sex Couples
• De-Facto Couples

Is shipping of frozen embryos/frozen semen allowed in Argentina?

Shipping gametes, such as frozen eggs, frozen semen, and frozen embryos, to Argentina, is a possibility, but it is important to note that the receiving clinic must possess an import license.

Alternatively, if you do not already have embryos created, it may be more convenient to travel to Buenos Aires and undergo the embryo creation process there. Doing so would also provide you with enhanced access to view egg donor profiles, should you require them. This approach can simplify the logistics and potentially offer a wider range of options for your reproductive journey.

How to Choose the Right Agency in Argentina

Selecting a reputable agency that understands your needs and provides comprehensive support throughout the surrogacy journey is crucial. Here are some key factors to consider when choosing an agency:

1. Multidisciplinary Team:  For successful navigation of the long and complex process a team of professionals, including surrogacy lawyers, psychologists, surrogacy coordinators, support workers, and translators. These experts will guide you through the process and ensure that both you and your surrogate receive adequate support.
2. Collaboration with Local IVF Clinics: Your agency needs to have established partnerships with local IVF clinics. This collaboration ensures seamless coordination and support between the agency, the intended parents, the egg donor, and the surrogate.
3. Risk Management: Understanding the potential risks involved in the surrogacy journey is crucial. A reliable agency will inform you about possible challenges, such as failed transfers, miscarriage, and premature birth, and provide strategies to minimize these risks. Your confidence in the agency’s ability to safeguard your interests, as well as those of your baby and surrogate, is essential.

Availability of Egg Donors and Surrogates

With a population of 45 million people, Argentina offers a pool of potential egg donors and gestational surrogates. IVF clinics in the country provide access to databases of sperm and egg donors, and they often share pictures of potential candidates during face-to-face or online meetings.

Surrogate mother and egg donor screening

A surrogate mother in Argentina undergoes a strict screening process to ensure their physical and emotional well-being. They are typically between 22 and 35 years old and have previously given birth to at least one child. Professionals assess their overall health and emotional stability.  Same way, the egg donor undergoes strict medical, genetic testing, and psychological testing to ensure her physical and mental well-being.

Is Surrogacy Legal in Argentina?

Surrogacy is now permitted in Argentina. While it wasn’t explicitly regulated in the past, surrogacy has gained significant momentum and popularity, particularly in 2022.

Over the past few years, an increasing number of individuals and couples have chosen surrogacy as a viable option, benefiting from the possibility of giving birth and obtaining a birth certificate in the intended parents’ names, ensuring a safe and legally recognized process.

Argentina, specifically the City of Buenos Aires, has a progressive legal framework that recognizes and protects the rights of intended parents who pursue surrogacy.

In 2017, a judicial ruling in Buenos Aires acknowledged the rights of parents via surrogacy to be recognized as legal parents on the birth certificate and in law. This means that only the intended parent(s) are listed on the newborn birth certificates, granting them full parental rights from birth.

Surrogacy in Buenos Aires is open to single parents, and couples, irrespective of their marital status, sexuality, or nationality. Furthermore, a genetic relationship between the intended parent(s) and the child is not required for surrogacy in Argentina.

. While Argentina does not have national laws specifically addressing surrogacy, in the City of Buenos Aires, a class action has paved the way for intended parents to be recognized as legal parents. Both intended parents (or a single parent) are listed on the baby’s birth certificate and the surrogate. 

Informed Consent and Legal Parentage: Before an embryo transfer takes place, the surrogate and the intended parents sign informed consent documents in Argentina. This agreement establishes that the intended parents are the legal parents of the baby carried by the surrogate, and it ensures that the surrogate does not have any parental rights.

Surrogacy in Argentina has become an accepted and regulated practice, allowing intended parents to pursue their dreams of parenthood while ensuring legal recognition and protection for all parties involved.

How much does surrogacy cost in Argentina?

The cost of surrogacy in Argentina can range from US$65,000 to US$80,000.  The surrogacy process with self-cycle surrogacy where a female partner uses her own egg is possible and has a lower cost.

Like other countries, we do recommend and assist with the Guaranteed Surrogacy baby plan in Argentina.

Argentina provides surrogacy services at significantly lower costs compared to Western industrialized countries. These expenses are reasonable and not subject to strict regulations. International intended parents have the freedom to choose from various surrogacy programs like IVF with surrogacy, and IVF with egg donor surrogacy, and can successfully achieve parenthood at affordable rates in Argentina.  Besides this, all family types can pursue surrogacy.

Factors Affecting Surrogacy Costs in Argentina

Please note that the expenses associated with any surrogacy parenthood journey are influenced by various factors, such as the specific program chosen like egg donor, genetic testing, types of egg donors chosen, the results of fertility examinations, and the option of either a compensated or altruistic surrogate mother.

Our case manager can help you with choosing the right program for you per your specific case and requirements. The surrogate mother cost in Argentina is less as it is only altruistic arrangements are allowed.

Our dedicated team of experts is committed to providing exceptional services and support. We understand the unique circumstances and aspirations of individuals who desire to have biological children. We value and empathize with each person’s challenges and strive to address them effectively, ensuring the best possible outcomes.

Our inclusive surrogacy programs in Argentina cover the following aspects:

• Surrogate Mother Expenses: This includes costs related to the surrogate mother, such as her compensation, clothing, food, and accommodations during the surrogacy journey.
• Egg Donor Costs: In cases where donor surrogacy is chosen, the expenses associated with selecting an egg donor will be included. You have the option of choosing a local egg donor, traveling egg donors, and frozen eggs.
• IVF Procedure Expenses: The costs of the IVF procedures involved in the surrogacy process, including fertility treatments, medications, and laboratory services, are covered.
• Surrogacy Agency Service Fees: This encompasses the fees charged by the surrogacy agency or organization for their services, including case management, matching services, and ongoing support.
• Legal Framework Expenses: The fees associated with legal aspects, including drafting and reviewing surrogacy contracts, are accounted for and covered by the overall surrogacy cost.
• Pregnancy Care Fees: The professional fees charged by the medical experts involved in the surrogacy process, including consultations, medical examinations, and prenatal care, are included.

It is important to note that these expenses may vary depending on individual circumstances and specific requirements. To obtain the most accurate and up-to-date information regarding surrogacy costs in Argentina, we recommend consulting with our experts who can provide detailed insights tailored to your unique situation.

Surrogate Mother’s Expenses in Argentina

The total cost for Caucasian egg donor surrogacy is estimated in the range of $60,000 to $80,000. Guaranteed surrogacy in Argentina is possible if you use both an egg donor and gestational carrier for your surrogacy journey.

These expenses encompass medical diagnostics, the surrogate mother’s compensation, essential needs, travel expenses, accommodation, food, living expenses, and other necessary nutrients and support throughout the pregnancy. It’s important to note that the surrogate mother’s expenses are included in the inclusive package offered. 

The Surrogacy Process in Argentina

The surrogacy process in Argentina involves several key steps. Intended parents typically begin by finding a suitable surrogate mother, either through personal connections or agencies specializing in surrogacy arrangements.

Once a surrogate is chosen, medical and legal requirements must be fulfilled, including medical screenings, psychological evaluations, and the drafting of a detailed surrogacy agreement. Surrogacy agencies and fertility clinics play a vital role in facilitating the medical aspects of the process, ensuring the health and well-being of all parties involved.

Complete Surrogacy facilitates surrogacy programs in multiple countries and offers a seamless and straightforward surrogacy procedure.

A surrogacy process in Argentina consists of the following steps:

1. Registration or Booking an Appointment: Prospective intended parents begin by registering or booking an appointment to initiate the surrogacy process.
2. Free Consultations and Presentations: We provide free consultations and presentations to educate intended parents about the available surrogacy options, answering any questions or concerns they may have.
3. Contract Agreement and Expenditure Discussion: Intended parents engage in discussions and finalize the contract agreement, ensuring transparency regarding the financial aspects and expenditures associated with surrogacy.
4. Egg Donor Selection: If needed or suggested, the process may involve the selection of an egg donor, considering the preferences and requirements of the intended parents. Caucasian Donor Egg Surrogacy in Argentina is possible with having a good database of European-type egg donors.
5. Surrogate Mother Arrangements and Screening: A suitable surrogate mother undergoes thorough screening to ensure her physical and emotional suitability for the surrogacy journey.
6. Finalizing Travel and Stay: Once all the necessary arrangements are made, including legal and medical aspects, the intended parents can finalize their travel plans and book their stay in Argentina.
7. IVF Procedures: Depending on the specific circumstances, various IVF procedures may be performed, including using the intended mother’s own eggs with the partner’s sperm, utilizing donor eggs with the partner’s sperm, utilizing the intended mother’s eggs with donor sperm, or using donor embryos directly. The Surrogacy Success Rate in Argentina is as high as 75% with egg donors.
8. Pregnancy Management: Regular monitoring and support is provided to the intended parents to ensure the well-being of the surrogate mother and the developing baby.
9. Child Delivery Arrangements: Assists in making arrangements for the safe and comfortable delivery of the child, coordinating with medical professionals, and ensuring a smooth process.
10. Bringing Home the Baby: Once the child is born healthy and thriving, facilitates all necessary paperwork and procedures to ensure the intended parents can return home with their much-awaited baby or babies.

Why Choose Gay Surrogacy in Argentina?

LGBT surrogacy in Argentina has gained prominence and become a popular choice for many same-sex couples who desire to have their biologically linked children.

• Affordable surrogacy programs: Surrogacy in Argentina costs less than 50% of typical US surrogacy costs with legal security and reliability.  Even, guaranteed surrogacy baby cost is much more affordable than any standard plan in Western countries.

• Legalization and Acceptance: Argentina is known for its progressive stance on LGBTQ+ rights and has taken significant steps towards legalizing same-sex marriage and ensuring equal rights for LGBTQ+ individuals. This inclusive legal framework has created an environment where gay couples feel more accepted and supported in their journey to parenthood through surrogacy.

• Surrogacy Laws: While Argentina does not have specific legislation addressing surrogacy, it allows surrogacy arrangements to take place, regardless of the sexual orientation of the intended parents. This openness provides gay couples with the opportunity to pursue surrogacy as a viable option to build their families.
• Altruistic Surrogacy: Surrogacy in Argentina is based on an altruistic model, where the surrogate mother can only receive reimbursement for her expenses. This approach aligns well with the values of many gay couples, who prioritize the well-being and fair treatment of the surrogate mother.

• Accessibility and Affordability: Surrogacy costs in Argentina are often more affordable compared to some Western countries, making it a more accessible option for gay couples. The relatively lower costs, combined with the high standard of medical care and fertility services available in Argentina, attract many gay couples who seek a more affordable yet reliable surrogacy experience.

• Supportive Surrogacy Agencies: Many surrogacy agencies and fertility clinics specialize in providing services to LGBTQ+ individuals and couples. These agencies understand the unique needs and challenges faced by gay couples and offer tailored support and guidance throughout the surrogacy process.

• Argentina Citizenship for the Baby: Unlike most other international surrogacy countries, the baby born via surrogacy can get Argentinian citizenship and a passport from the surrogate side. Thus, you can travel back sooner and easily to your home country with your baby.

• Recognition of Parental Rights: In the City of Buenos Aires, a prior class action has resulted in legal recognition of the intended parents as the legal parents of the child born through surrogacy. This recognition grants gay couples the same rights and responsibilities as heterosexual couples, ensuring that their parental rights are protected and upheld. The names of both parents can come on the baby’s birth certificate and no court order is needed for the same.

Overall, gay surrogacy in Argentina offers a combination of legal acceptance, supportive environments, reasonable costs, and reliable medical services. These factors make Argentina an attractive destination for many gay couples seeking to fulfill their dreams of becoming parents through surrogacy.

International Surrogacy in Argentina

Argentina has emerged as a destination for international intended parents seeking surrogacy options. Factors such as lower costs compared to some other countries and the legal recognition of surrogacy have contributed to this trend. International intended parents considering Argentina must navigate specific legal and logistical considerations, including immigration processes and potential language barriers.

Here are key aspects to consider when exploring international surrogacy in Argentina:

• Legal Considerations: While Argentina does not have specific legislation governing surrogacy, it allows surrogacy arrangements to take place, including for international intended parents. All family types including surrogacy for gay couples is possible in Argentina and both partner names come on the baby’s birth certificate without going through a court order.

• Surrogacy Cost Consideration: Surrogacy costs in Argentina are often more affordable compared to the USA and Canada which allow gay parents surrogacy.  However, the cost of surrogacy in Argentina is comparable with other international countries like Mexico and Colombia.

• Surrogate Mother Selection: Surrogacy agencies in Argentina typically maintain databases of surrogate mothers who have undergone thorough screening processes.

• Diverse Database of Egg Donors: With most of the egg donors of European ancestry it is possible to find a diverse range of egg donors, local, Caucasian, European, and mixed ethnicity.

International surrogacy in Argentina offers a combination of legal acceptance, reputable service providers, and a supportive environment for intended parents from around the world. By engaging with experienced professionals and understanding the legal and practical considerations involved, international intended parents can embark on a surrogacy journey in Argentina with confidence.

Conclusion

In conclusion, surrogacy in Argentina has become a viable option for intended parents seeking to build their families through assisted reproduction. While there may not be specific legislation governing surrogacy, Argentina allows for surrogacy arrangements to take place, including for international intended parents.

With the growth and development of reproductive technologies, Argentina has seen an increase in surrogacy cases in recent years. The legal recognition of intended parents, regardless of their nationality, and the possibility of obtaining a birth certificate in their names have provided a sense of security and assurance for those considering surrogacy in Argentina.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at Complete Surrogacy. We offer legally secure and affordable surrogacy consulting services for FREE.

Our team has over 13 years of experience facilitating surrogacy arrangements, egg donation, and serving as an advocacy resource for infertile couples and LGBTQ individuals seeking to build families.

Our founder and chief surrogacy consultant, Neelam Chhagani, passionately helps couples struggling with fertility challenges. Since starting our surrogacy consulting agency in 2013, we’ve helped welcome over 500 babies for intended parents nationwide.

Our team includes experts from diverse backgrounds with leading reproductive attorneys, professionally trained top fertility doctors, former surrogacy case managers, experienced and kind surrogate mother and egg donor coordinators, mental health professionals specializing in infertility counseling, and a logistic support team to assist you in your chosen surrogacy country.

FAQs

Is surrogacy legal in Argentina?

Yes, surrogacy is legal in Argentina. While there is no specific legislation addressing surrogacy, Argentina allows surrogacy arrangements to take place, including for international intended parents. It is important to consult with legal professionals who specialize in reproductive law to ensure compliance with local regulations and understand the rights and responsibilities of all parties involved.

How do intended parents find surrogate mothers in Argentina?

Intended parents in Argentina can find surrogate mothers through reputable surrogacy agencies or fertility clinics. These agencies typically maintain databases of surrogate mothers who have undergone thorough screening processes. Intended parents can review profiles and choose a surrogate mother who aligns with their preferences and requirements. 

What is the cost of surrogacy in Argentina?

In general, the cost of surrogacy in Argentina is between $60,000 to $80,000 depending upon the types of services you need. The financial implications of surrogacy in Argentina can vary depending on several factors, including the specific arrangement, medical procedures, legal fees, and agency or facilitator fees.

Is commercial surrogacy legal in Argentina?

No, commercial surrogacy is not legal in Argentina. Under Argentine law, surrogacy arrangements must be altruistic in nature, meaning that surrogates can only receive reimbursement for their necessary expenses rather than financial compensation for carrying a child.

Who is eligible for surrogacy in Argentina?

Anyone who has entered into a procreational will arrangement with prior, free,

and informed consent that is duly notarized is eligible regardless of marital status or sexual orientation.

Do I have legal representation through the whole process?

Yes, you will have legal representation from the very beginning, until you receive  the birth certificate for your baby.

Am I able to ship sperm or embryos at the beginning of the program and sign

my contract remotely?

You may ship biological materials, but you will need to engage a biological shipper to do so. We do not organize shipments. Consulting contracts may be done remotely, and the procreational will can also be done remotely.

Is Argentina safe?

Buenos Aies, Argentina is often called the ‘Paris of South America’. It is a tourism destination with traditional European architecture and a rich culture that draws people from all over the world.

Can we use a known egg donor?

Only anonymous donation is allowed in Argentina.

What testing is conducted on egg donors?

Donors undergo psychological screening as well as genetic carrier screening for

various inheritable diseases such as cystic fibrosis, fragile x, and spinal muscular

atrophy. In addition, they undergo, infectious disease screening prior to donation for HIV, hepatitis, gonorrhea, syphilis, and chlamydia.

What are the success rates?

Each case is different, and only elective single embryo transfer will be conducted. In IVF, more than one transfer may be needed to achieve success, but this varies from case to case.

How can we be sure that our surrogate is taking proper care of herself and

the baby?

In addition to frequent medical visits and with a psychologist during the process, a social worker will also visit your surrogate’s dwelling during the process.

How many attempts will our surrogate mother agree to undertake?

Typically, surrogates will agree for up to 3 embryo transfers and then a new match will be undertaken.

I am an HIV+ male, is surrogacy possible?

Yes, we can perform sperm washing and /or appropriate testing so that the use of the semen sample is possible. Additional costs will apply.

Where will the birth take place?

All births will take place in a private hospital in the city of Buenos Aires (CABA) unless a medical emergency necessitates otherwise.

What will happen if the baby is born outside CABA?

All births are planned in the autonomous city of Buenos Aires as it is where the process of filiation (recognition of birth) is the most straight-forward. In very rare cases, a birth could take place outside due to an emergency, and this will necessitate a more complex legal process.

Who will be represented on the birth certificate?

The procreational will drafted with prior, free, and informed consent in CABA will recognize who the intended parents will be and who will be represented on the birth certificate. The intended parents will be listed on the birth certificate and may include a woman and a man, 2 men, 2 women, or a single woman or man.

How long does it take to get the birth certificate?

Usually, it can be acquired in 2 weeks but this may vary.

Is the baby eligible for Argentinian citizenship?

Any baby born in Argentina is eligible for Argentinian citizenship and passport. For many, this might have great value as it can be acquired quickly and possibly facilitate a quicker exit process. Many countries, including the European Union, do not require a visa for Argentinian citizens (your baby). This process may be much quicker than applying to your own embassy in Buenos Aires for citizenship and a home passport, but this will vary between countries.

Can 2 men or 2 women be represented on the birth certificate?

Yes, whatever is outlined in the procreational will and executed before a notary.

We are interested in twins. Can we implant 2 embryos?

Twins are by nature high risk pregnancies. As a result, in the interest of safety of surrogate mothers and babies, the medical team will only implant 1 embryo per attempt.

Is egg splitting with the implantation of a genetically related embryo from 2

different male partners possible?

No, it is not possible in Argentina. Two separate surrogate journeys must be undertaken.

What happens if we have a failed attempt?

If there are additional frozen embryos for transfer, a new transfer can often be conducted within 1 – 2 months. If there are no more embryos, an additional cycle will need to be conducted to produce more embryos.

What prenatal monitoring is conducted during the pregnancy?

A beta HCG test is conducted approximately 2 weeks after embryo implantation.  If the test is positive, a second test is conducted 48-72 hours later to track hormone levels. From there, a confirmatory ultrasound is conducted at approximately week 7 of gestation. The latest non-invasive prenatal testing (NIPT) is then conducted at week 10 to check for chromosomal issues with the fetus and can also tell the gender of your baby very early in the pregnancy. Your surrogate will graduate for the fertility clinic at week 12 and continue monitoring with her own OB.

What is the average time for the exit process after birth?

Intended parents should always allow for flexibility at birth as each process is unique. The average time in Argentina will be 3 – 6 weeks and will depend on your country of citizenship.