In Argentina, the surrogacy process is not legally protected. There is no legislation that allows or prohibits giving birth to a baby with the help of a surrogate mother.

Only Article 19 of the Constitution of Argentina could be applied in this case. It regulates that private actions performed by a citizen that do not harm a third party are not punishable by Law.

However, from the legal point of view, the Civil code of Argentina has several articles that can have a negative influence when clarifying the legal rights of the Intended parents. Thus, Article 242 decrees that the baby legally belongs to the mother who gave birth to it. In this way, the decision of a judge, even if there is a contract between the surrogate mother and the IPs, will be in favor of the mother who gave birth to a child.

In addition, Article 243 of the Civil code of Argentina legalizes the paternity of the father, if during pregnancy and birth of the baby he is officially married to a surrogate mother, nullifying the possibility to register the birth of the child in favor of the IPs.

Made on