Introduction

Surrogate pregnancy is a social reality in Argentina and has been practiced for many years. Their practice is not penalized, but neither is it regulated, which allows gay couples to become parents since Argentina was the first country in Latin America to fully recognize the homoparental family. For this, the pregnant woman must give up her rights as a mother after childbirth and recognize the paternity of one of the surrogates, whose partner can then adopt the child. Married homosexual couples benefit from the same rights as heterosexual couples.

Surrogacy

In Argentina, fertility and artificial insemination treatments have been practiced for decades. The country is equipped with very advanced fertility clinics. Nothing prevents couples or individuals from resorting to these practices. The donation of gametes is generally altruistic and anonymous.

The  Law 26,862  of  Medically Assisted Human Reproduction also known as ‘National Law on Assisted Fertilization’, was approved by the Senate and the Chamber of Deputies in Congress assembled on June 5, 2013, and promulgated on 25 June of the same year . It is a norm of public order and of application throughout the Republic, through which the most varied possibilities of fertilization and implantation are allowed and regulated, and the cryo-preservation of genetic material and embryos are enabled without major precautions.

The purpose of the standard is  “to guarantee full access to medical-assistance procedures and techniques for medically assisted reproduction”  (Article 1), understood as “the procedures and techniques performed with medical assistance for the achievement of pregnancy”, within which “low and high complexity techniques, whether or not they include the donation of gametes and / or embryos”, and the procedures and techniques developed in the future are authorized by the enforcement authority (art. 2).

It also provides that procedures may only be carried out “in authorized health establishments that meet the requirements determined by the authority”.

In order to ensure compliance, the law establishes the application authority to the Ministry of Health of the Nation (art.3), creating in its scope “a single registry in which all health establishments authorized to carry out procedures  must be registered techniques of medically assisted reproduction “, including among them” medical establishments where gamete and / or embryo-receiving banks operate “.

They have the right to access the procedures and techniques of medically assisted reproduction, all persons of legal age who have signed the informed consent, which may be revoked until before the implantation of the embryo in women.

Passive subjects covered by this law must incorporate as mandatory benefits and provide their members or beneficiaries with comprehensive and interdisciplinary coverage of the approach, diagnosis, medications and supportive therapies and procedures and techniques that the World Health Organization defines as medically assisted reproduction. These include: the induction of ovulation; controlled ovarian stimulation; the unleashing of ovulation; assisted reproduction techniques (ART); and intrauterine, intracervical or intravaginal insemination, with gametes of the spouse, partner or not, or of a donor, according to the criteria established by the application authority.

It is also added in such coverage the services of gametes or reproductive tissues, for those people who do not want to carry out the immediate achievement of a pregnancy, for health problems or for medical treatments or surgical interventions, may compromised their ability to procreate in the future.

Since the implementation of the aforementioned Law of Assisted Reproduction, surrogacy is a social reality in Argentina and has been practiced. The government is headed for a legalization of surrogate altruistic motherhood, leaving also the door open for commercial surrogacy. At the moment, it is practiced without being prohibited, but neither is it protected. It allows, among other things, for gay couples to become parents since Argentina was the first country in Latin America to fully recognize the homoparental family. Co-parenting by same-sex couples is therefore possible.

A gay couple can get to be parents of a baby through a surrogate pregnancy, although there is no law to this respect. For this, the surrogate mother must effectively cede her rights as a mother after childbirth and recognize the paternity of one of the surrogates, whose partner can then adopt the child.

Since the recognition of homosexual wedding in Argentina in July 2010, same-sex couples can adopt together. Single people can also adopt. Married homosexual couples benefit from the same rights as heterosexual couples. They can adopt the son or daughter of their spouse when circumstances permit.

The bill of surrogate pregnancy was presented in August 2011 before the Chamber of Deputies and considers the legalization of surrogacy under certain regulations. At the moment, it is not contemplated by law, but neither is it penalized

As for assisted reproduction, which already has a law in force, a surrogacy  law is demanded in Argentina, which protects all those involved, both the surrogate woman and the future legal parents and the child. Today surrogacy is not illegal in Argentina, but “proof of birth” still prevails to determine motherhood. For this reason, Global Surrogacy Ltd, has developed a secure protocol where Assisted Reproduction is combined with a surrogacy contract with a carrier from a country where it is regulated (Canada, USA or Ukraine).

Action Protocols

Action Protocols beginning the process in Argentina. Approximate amounts, including an embryo transfer.

1) Argentina IVF + Own eggs + Embryo Shipping + Transfer to Ukrainian SM + Birth in Kiev, Ukraine: U$S 60.000
This alternative is for  married heterosexual couples , who wish to perform IVF with their own gametes in Argentina + Shipping of vitrified embryos to destination + embryo transfer, gestation and delivery in Kiev, Ukraine.
2) Argentina IVF + Egg donation + Embryo Shipping + Transfer to Canadian SM + Birth in Kiev, Ukraine: U$S 63.000
This alternative is for  married heterosexual couples , who wish to perform IVF in Argentina + donation of ovules + sending of vitrified embryos to destination + embryo transfer, gestation and delivery in Kiev, Ukraine.
3) Argentina IVF + Own eggs + Embryo Shipping + Transfer to Canadian SM + Birth in Toronto, Canada: U$S 72.000
This alternative is for  all family models , who wish to perform IVF with own gametes in Argentina + Shipping of vitrified embryos to destination + embryo transfer, gestation and delivery in Toronto, Canada.
4) Argentina IVF + Egg donation + Embryo Shipping + Transfer to Canadian SM + Birth in Toronto, Canada: U$S 75.000
This alternative is for  all family models , who wish to perform IVF in Argentina + donation of ovules + shipment of vitrified embryos to destination + embryo transfer, gestation and delivery in Toronto, Canada.
5) Argentina IVF + Own eggs + Embryo Shipping + Transfer to American SM + Birth in USA: U$S 92.000
This alternative is for  all family models , who wish to perform IVF with own gametes in Argentina + Shipping of vitrified embryos to destination + embryo transfer, gestation and delivery in California, USA.
6) Argentina IVF + Egg donation + Embryo Shipping + Transfer to American SM + Birth in USA: U$S 95.000
This alternative is for  all family models , who wish to perform IVF in Argentina + donation of ovules + shipment of vitrified embryos to destination + embryo transfer, gestation and delivery in California, USA.

Reference Clinic

Halitus Instituto Médico

Clinic with more than 30 years of experience located in the heart of Buenos Aires.

www.halitus.com

Cegyr Medicina y Genética Reproductiva

Private center specialized in reproduction therapies in the center of Buenos Aires.

www.cegyr.com

Gestanza Medicina Reproductiva

Reproductive medicine clinic located in Rosario.

www.gestanza.com.ar

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AGAR
Certified Medical Tourism Professional
American Society Reproductive Medicine
European Society of Human Reproduction and Embryology
Association of Reproductive Managers