Surrogacy in Argentina- An Comprehensive Guide

Navigate the process of surrogacy in Argentina| Surrogate Mother Cost in Argentina with this comprehensive guide.

Gestational surrogacy is an arrangement in which a woman carries a child for someone else who cannot carry the child themselves. Surrogacy in Argentina is legal and regulated, making it a viable option for those seeking parenthood. Argentina offers a viable option for those seeking parenthood. The legal framework ensures the rights and protections of all parties involved, while the relatively lower cost of surrogacy compared to other countries makes it an attractive option.  This article includes a comprehensive guide for intended parents for surrogacy in Argentina. Our facilities in Buenos Aires, Argentina are modern international medical facilities for fertility treatment and surrogacy. With our partners, we practice the most advanced assisted reproductive technologies and can offer a wide variety of services In this article, we will cover: 

• Surrogacy in Argentina- An overview

• Is surrogacy in Argentina legal?

• How much does surrogacy cost in Argentina?

• LGBT surrogacy in Argentina

• FAQs about Argentina Surrogacy

Key Takeaways for Surrogacy in Argentina

• Available to various family structures, including straight couples, de facto couples, same-sex couples, single men, and single women.
• Surrogates undergo rigorous screening, including psychological and medical tests, to ensure their suitability for the program.
• Only gestational surrogacy is permitted, where the surrogate mother does not use her own eggs.
• The program ensures legal certainty, and the child automatically receives Argentinean citizenship and a passport.
• Surrogates receive compensation for their expenses, and health insurance fully covers the surrogacy process.
• The total cost of surrogacy in Argentina’s Surrogacy Program is approximately $70,000, and it includes all medical expenses, legal fees, and surrogate compensation.
• The program price includes all necessary fees for surrogacy, egg donors, lawyers, and the clinic.
• Citizenship of the baby: The baby gets Argentinian citizenship from the surrogate side. If the intended parents need it, they can apply for their own citizenship via their embassy.
• According to Argentinian law, a child’s citizenship is determined by the place of birth. Upon birth in Buenos Aires, the child acquires Argentinian citizenship and will be issued an Argentinian identity card.
• Name on birth Certificate: The birth certificate will have the names of the intended parents. The surrogate mother’s name will not appear on the child’s birth certificate. To achieve this, we will present the signed and notarized consent documents, executed before the embryo transfer, to both a public notary and the civil registry.

Surrogacy in Argentina – An overview  

Argentina is emerging as a new surrogacy destination for singles, same-sex couples, single males, and married or non-married hetero couples.  Especially, gay surrogacy in Argentina is preferred by many LGBT people due to the legal framework for same-sex where both partners are registered on baby birth certificates immediately after birth with no court proceeding. Same-sex marriage in Argentina is legal since July 22, 2010. A bill to permit same-sex marriage was passed by the Chamber of Deputies on May 5, 2010, and by the Senate on July 15. ​ As the first country in Latin America, Argentina presented same-sex marriage in 2010. Argentina’s appreciation of homosexual people’s human rights exceeds that of many other nations that legally recognize sexual diversity and are much more accepting of other people’s sexual tendencies. Argentina currently doesn’t have national laws governing surrogacy, but in the City of Buenos Aires, a previous legal case has resulted in the intended parents being recognized as the legal parents of the child. The baby’s birth certificate lists both intended parents or a single parent, but the surrogate mother’s name is not included. Argentina is a developing country that ranks 46th on the Human Development Index, the second-highest in Latin America after Chile. It is the second-largest economy in South America and is a member of G-15 and G20. Argentina’s healthcare is among the best in South America. Major cities, such as Buenos Aires, Córdoba, and Mendoza, to be exact, have outstanding hospitals and clinics.  However, the same cannot be said of the rest of the states.  At present, the country’s healthcare is ranked 75th in the world as per the World Health Organization. Argentina’s healthcare system is comprised of 4 subsectors: Public Hospitals, the Social Security/Union-run Health Insurance System, Private Medical Insurance (Prepagas), and PAMI (similar to Medicare in the United States). Additional guides for Intended Parents: Gay Surrogacy in Argentina How much does surrogacy cost in Argentina? How Much Does Surrogacy Cost? Everything You Need To Know (in 2024) IVF Conceptions Surrogacy Prices & Plans ( in 2024)

The benefit of Argentina?

Firstly, the benefit of Argentina surrogacy is that the child will get Argentina citizenship which can be obtained within 2 to 3 weeks.  This will mean that you can leave your Argentina passport within weeks of the birth and make your home country citizenship and passport applications within your own country. Secondly, since 2013, lesbian couples have had equal access to IVF. A law allowing such procedures was approved by the House of Deputies 204 votes to 1 with 10 abstentions in June 2013. Thirdly, there is a huge number of egg donors of European ancestry available. You will get egg donors of many ethnicities. Fourth, the cost of surrogacy in Argentina is less than in developed countries but is in the same range as in Mexico, Colombia, and Georgia.   However, for same-sex surrogacy, it is possible to put both parents’ names on the baby’s birth certificates, which is not possible in Mexico and Colombia.

The disadvantage of Argentina

• It is a relatively newer destination and slowly gaining momentum as there is a constant need to have new and more secure and affordable options for single-man surrogacy and gay surrogacy countries.
• The egg donation is anonymous and many IPs would prefer to have donors with profiles and pictures.
• The uncertainty that comes with a new surrogacy destination with fewer references.

Who can be surrogate mothers in Argentina?

In Argentina, the surrogate does not have any rights over the baby that she is carrying for the Intended parent. Before embryo transfer takes place surrogate signs an agreement with the parents. According to this agreement intended parents are the legal parents of the baby and the surrogate does not have any parental rights. A birth certificate will be issued with the names of the intended parents only. Surrogates in Argentina undergo a strict selection process.  As in all other surrogacy programs – all surrogate mothers go through a demanding screening process before they may take part in the program. They are required to be between 22 and 35 years old to qualify and need to have one baby of their own. Their physical and emotional well-being is checked via numerous in-depth test

Choosing a Surrogacy Agency in Argentina

When choosing a surrogacy agency in Argentina, it is essential to do thorough research and choose a reputable agency that is licensed and experienced. The surrogacy agency in Argentina should provide clear information about their surrogacy programs, costs, and services. It is also important to ensure that the agency complies with all legal requirements and regulations. It is important to choose a reputable agency that can guide you through the process and provide the necessary support and services.

 Process of Surrogacy in Argentina

Like any other country, the surrogacy process is the same in Argentina.  A typical surrogacy process takes 12 to 24 months from start to end when you go home with a surrogacy baby.  The surrogacy process in Argentina involves several steps, including medical and psychological evaluations of intended parents and surrogate mothers and egg donors, legal contracts, and the transfer of embryos. The process can take several months to complete and generally needs 2 trips to Buenos Aires, one at the time of the start of the surrogacy process to give a semen sample and start documentation (for 3-4 days).  The 2^nd visit is at the time of the baby’s birth and is slightly longer for 2-4 weeks. In case you are sending frozen semen samples or frozen embryos, you can avoid the first trip to Argentina.

Is surrogacy legal in Argentina?

Argentina currently does not regulate surrogacy. Although the practice is not expressly regulated, it is also not prohibited, and by the principles of equality and confidentiality enshrined in articles 16 and 19 of the national Constitution acts that remain in the sphere of the intimate life and are not prohibited can be carried out as long as they do not affect third parties. Since there is currently no regulation, and surrogacy is not contemplated in the National Civil and Commercial Code, jurisprudence has consolidated the acceptance of surrogacy, especially in The Autonomous City of Buenos Aires (CABA) where births will take place Argentina’s liberal legal system is seen as favorable for surrogacy processes, and babies born through surrogacy in Argentina are entitled to receive an Argentinian passport. Considering the surrogacy legal framework in Argentina, it is one of the few countries offering safe surrogacy solutions to single parents and same-sex couples. Argentina’s generous legal system is excellent for surrogacy processes, especially for gay men surrogacy. Babies born through surrogacy, are entitled to an Argentinian passport and therefore, citizenship, if parents want so. Citizenship of the baby: Upon birth, your child will automatically become an Argentinian citizen, entitling them to an Argentinian passport. This process is generally swift, allowing many parents to opt for returning home with their child on an Argentinian passport while making arrangements for their citizenship and passport in their home country.

Who is eligible for surrogacy in Argentina?

All family types are allowed including single parents, gay couples, single gay men, and married or non-married hetero couples.

Adoption and parenting rights

Same-sex couples have been able to legally adopt since July 2010, when the same-sex marriage legislation went into effect. Although Argentina does not have laws regarding the handover of parentage after surrogacy birth, in the City of Buenos Aires, a previous class action means intended parents are recognized as legal parents. Both intended parents (or a single parent) appear on the baby’s birth certificate in surrogacy cases. The surrogate mother’s name is not mentioned. Such surrogacy-born children are also entitled to an Argentine passport. (Registry of Marital Status and Legal Capacity of the City of Buenos Aires issued Regulations 93/DGRC/17, 103/DGRC/17, and 122/DGRC/20).  Also, a genetic connection is not required to the intended parent under Argentine regulation.

Gamete Shipping to Argentina is possible

Embryo shipment from other countries to Argentina is possible, but the destination clinic must hold an import license. The shipping costs can be expensive; however, shared shipments are available to minimize expenses. Alternatively, if you do not possess embryos, it might be more straightforward to travel to Buenos Aires.

Requirements for Prospective Parents:

The prerequisites for prospective parents vary depending on the chosen program. Let’s explore some fundamental criteria: Gestational carriers become a viable option when a genuine medical condition prevents the intended parent(s) from personally carrying a pregnancy or if doing so would pose a significant risk of harm or death to the woman or the fetus. These indications must be documented in the patient’s medical records. Examples of such medical conditions include:

• Absence of a uterus (whether congenital or acquired)
• Significant uterine anomalies (e.g., irreparable Asherman syndrome; unicornuate uterus linked to recurrent pregnancy loss)
• Absolute psychological or medical contraindications to pregnancy (e.g., pulmonary hypertension)
• Severe psychological or medical conditions that could worsen during pregnancy or pose a substantial risk to the mother or fetus
• Biologic inability to conceive or bear a child, such as in the case of a single male or a homosexual male couple.

Additionally, for cases involving an unidentified endometrial factor, such as those with multiple unexplained failures in previous in vitro fertilization attempts despite the transfer of good-quality embryos, consideration may be given to alternative approaches.

How much does surrogacy cost in Argentina?

The cost of egg donor surrogacy in Argentina ranges from $65,000 to $80,000 based on the services you need.  Surrogacy costs mainly depend on the type of egg donor you need ( local or traveling egg donor or fresh or frozen eggs), the surrogate mother and her compensation, the medical cost of the IVF procedure, the surrogacy agency fee, and other additional services like Genetic testing of embryos, legal services, and admin services needed to carry out the full surrogacy program. Surrogate mother cost in Argentina is based on the type of arrangement the intended parents have with the surrogate mother. The commissioning parents have the option of paying the surrogate mother in an altruistic or compensated manner.  The typical surrogate mother cost in Argentina consists of expenses like food, transportation, maternity care, medical consultation costs, etc. Similar to countries like Australia, the UK & Canada, which also have altruistic laws, the commercial nature of surrogacy for Argentine-based surrogacy agencies is not allowed. However, some specialists can support surrogates and intended parents before and during the surrogacy process. It is possible to make payments to agencies in other countries (outside Argentina). There are many surrogacy program services/types offered by surrogacy agencies based outside Argentina.  There are both fixed price guarantee programs (unlimited IVF and embryo transfer to surrogate mother), standard or pay-as-you-go surrogacy programs, and shipped embryo surrogacy programs. The cost of surrogacy in Argentina will be based on the type of surrogacy program you choose. Although surrogacy can be offered throughout Argentina, outside Buenos Aires, a court order is essential, which takes a lot of time and will depend on each judge. That is why, surrogacy for foreigners in Argentina is recommended to be done in Buenos Aires.  In any case, the intended parents and surrogates need the support of an Argentine lawyer, psychologist, and IVF specialist along with a trusted and experienced surrogacy agency. Intended parents need to know what services are included in their surrogacy cost package for Argentina. Read more about:  How much does surrogacy cost? Cheapest surrogacy countries in the world  All about gay surrogacy Surrogacy in Colombia- Everything You Need to Know Surrogacy In Mexico-Everything Intended Parents Need To Know

LGBT surrogacy in Argentina

Gay surrogacy in Argentina will gain popularity due to many favorable factors. Argentina was the first country in Latin America, to legalize same-sex marriage and is the tenth country worldwide to do so. Civil unions have been possible nationwide since 2015, providing some of the rights of marriage. Mainly, for same-sex couples who wish to have both parents’ names on the baby’s birth certificate, it is a great option as it is possible to have both parents’ names, and no court order is needed. In 2015 Argentina’s Civil Code was reformed, and it admitted a third source of reproduction and birth via ART.  Surrogacy was not cited and it was not forbidden as well.  Thus, there is no legislative regulation in Argentina that permits or forbids any method or procedure for having a baby via third-party reproduction. Under Argentine law, such processes must be altruistic in nature, meaning a surrogate can be paid only real expenses.  Since 2013, mainly Argentine nationals have engaged in surrogacy however, more lately foreigners are paying attention to Argentina given surrogacy is allowed regardless of the nationality of the parents and the sexual inclination of the intended parents. After the birth, parents must register the baby at the Civil Registry.  Obtaining an Argentinean passport and citizenship for a newborn can take up to 4 weeks. More resources: Best International Countries Surrogacy Countries Where Surrogacy Is Legal (International Surrogacy 2024)

Why gay surrogacy in Argentina?

Becoming a parent through surrogacy is not easy as it involves financial, emotional, and legal challenges.   For same-sex couples, surrogacy is more challenging as not all countries offer surrogacy to singles and to gay couples. The fewer the options, the higher the cost and riskier and unregulated solutions.  The good thing is that still there are a few countries that do not discriminate against based on the sexual inclination of the intended parents.  Gay surrogacy in Argentina was made possible due to confident laws for the LGBT+ community. #1. Favorable legal framework: Legalization of same-sex marriage and same reproductive/family/ and parental rights as hetero couples make Argentina an attractive option for gay couple surrogacy Gay marriage was legalized in Argentina on 15 July 2010, after an encouraging vote in both the Chamber of Deputies (lower house) and the Senate (upper house). Same-sex couples are thus eligible for the same benefits and protections as opposite-sex couples (including adoption).  Some cities also have civil union laws that continue to be in place as an alternative to marriage but offer more partial rights. It is possible to have both parents’ names (for a same-sex couple) on the baby’s birth certificate.  Also, the baby can get Argentinian citizenship and a passport, if needed. #2. Same-sex intended parents: Same-sex couples feel safe choosing Argentina due to the legalization of same-sex marriage, parental rights, and social acceptance in general. #3. Argentinian citizenship: The child automatically gets citizenship in Argentina and is entitled to an Argentinian passport. This means that IPs can travel back to their country quickly without the need to get a passport for their own country for the baby. #4. Eligibility of the IPs: All family types, including single males/females, same-sex couples, unmarried hetero couples, and married hetero couples are eligible to opt for surrogacy services. #5. Good and affordable medical facilities: Argentina’s healthcare is among the best in all South American countries. Major cities, such as Buenos Aires, Córdoba, and Mendoza, in particular, have excellent hospitals and reproductive clinics. A few of the fertility clinics in Buenos Aires are among the top fertility destinations for South American countries and offer fertility services with advanced medical and surgical technology.  The medical team and support admin team members in English speaking and have vast experience with international infertility patients. #6. Good availability of the egg donor and surrogate mothers. With a huge population of 45 million, Argentina offers a huge pool of candidates for egg donors and surrogate mothers. It is easy to find a European-origin egg donor in Argentina so for those intended parents who wish to use Caucasian or European egg donor surrogacy, it is a good option. The egg donations are anonymous in Argentina.  The clinics generally will not show pictures of the potential candidates and mostly the selection process consists of IPs letting the medical team know about the e main characteristics parents would like to have in their egg donor and then the doctor chooses the resembling donor for the IVF process. If you are looking for reliable, affordable, and fixed-price surrogacy services get in touch with IVF Conceptions. We help would-be parents choose the affordable and legal surrogacy country as per their specific case and then manage their full program with our local partner team till the time they go home. We are a one-stop solution for your fertility needs. Get in touch for a free consultation!!

Conclusion:

Surrogacy in Argentina is emerging as a popular destination for intended parents seeking surrogacy arrangements. The country’s progressive approach to surrogacy allows all types of couples, including singles, same-sex couples, single males, and married or non-married heterosexual couples, to pursue surrogacy as a path to parenthood. Argentina has a legal framework that regulates assisted reproduction, providing a solid basis for individuals and couples to engage in surrogacy. There are various locations in Argentina where surrogacy programs are offered. Two notable locations are Buenos Aires and Rosario. These programs typically offer fixed fee packages and may include arrangements for four embryos. Regarding the cost of surrogacy in Argentina, it can vary depending on the specific program and package chosen. Intended parents may expect to pay a range of costs for surrogacy, including self-donor egg surrogacy, guaranteed surrogacy, and Caucasian donor egg surrogacy.

If you’d like to learn more about IVF, Egg Donation, or surrogacy services globally, check out the rest of our website at  IVF Conceptions. 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 about surrogacy in Argentina

Is surrogacy allowed in Argentina?