Uterine Surrogacy or Gestation by Substitution

Uterine surrogacy, also known as surrogacy or gestation by substitution, is an alternative for couples or individuals who cannot achieve pregnancy on their own and wish to realize their dream of starting a family.

It involves an arrangement where one woman carries a pregnancy for another person or couple. It is applied as a therapy for anyone who wishes to have a child but is unable to carry the pregnancy themselves. For example, this could be a single man, two men, or a woman with the absence or a condition affecting the uterus, or individuals with medical conditions that contraindicate pregnancy due to the potential risks it poses to their health or pregnancy progression.

While Argentina does not have a specific law regarding surrogacy, it operates under the principle that what is not prohibited is permitted, and many judicial decisions have been based on this principle to approve such procedures. Additionally, the Civil Registry of the Autonomous City of Buenos Aires has resolved, through various provisions, to register children born through surrogacy without requiring prior or subsequent authorization from a judge. Certain conditions must be met, such as being born in the Autonomous City of Buenos Aires through a surrogacy method performed within the country or abroad, the prior expression of procreative will by the intended parents, the gestational carrier’s express lack of procreative will, and the inclusion of the gestational carrier’s information in the records.

Gestational Surrogacy In this type of practice, there must be a procreative will demonstrated through formal consents that must be notarized. Treatments using a gestational carrier can be conducted locally at Gestanza. The intended parents or parents of intention undergo the procedures at the center, and the birth takes place in the Autonomous City of Buenos Aires, following the regulatory framework of various provisions issued by the Civil Registry. The consents for the Civil Registry are drafted by lawyers, and independent legal counsel is required for both the intended parents and the gestational carrier to ensure they understand the legal implications of the process and the status of the child to be born. Lawyers are also required to sign the consents.

For gestational surrogacy, there is no requirement for the intended parents to be married. Single individuals or couples, including same-sex couples, are accepted. The embryos may not have any genetic material from the intended parents but must not contain genetic material from the gestational carrier.

Embryos can be transported from another country, and assistance with their transport, preferably as “on-hand” cabin luggage, can be provided.

The goal is to help expand your family, ensure a successful process, and work collaboratively with all parties involved so that your child can safely return to your place of residence with medical and legal certainty.