There is no national law governing surrogacy in Argentina. Instead, surrogacy arrangements are handled individually through the judiciary. While surrogacy is not outright banned, there are no guidelines or protections, leaving both parties vulnerable.
Many Intended Parents rely on private agreements and court decisions to gain legal parental rights. However, these agreements are not legally binding and require approval from judges. This process can be lengthy and unpredictable.
Surrogacy cases in Argentina are increasing, especially among international Intended Parents looking for affordable alternatives to North America and Europe. But the lack of clear laws creates inconsistencies in legal recognition and enforcement.
Recent Legal Developments
Several major events in 2024 have made the surrogacy landscape in Argentina even more uncertain:
Currently, Argentina’s Civil and Commercial Code does not mention surrogacy directly. This legal void means courts decide parental rights case by case.
Under Argentine law, the birth mother is automatically considered the child’s legal parent. Even if there is a surrogacy agreement, Intended Parents must go through adoption or legal processes to gain full parental rights.
Some courts have granted Intended Parents recognition through specific rulings, but decisions vary by region and depend heavily on the presiding judge. This inconsistency creates additional risks for domestic and international Intended Parents.
