Surrogacy in Argentina | Legislation | IVF Clinics | Programs | Costs

An Insightful Guide to Gestational Surrogacy in Argentina: from Legal Framework to Associated Costs

Elegant yet always bustling, Argentina has emerged as a newly established South America’s hub for international surrogacy. Each year, more and more residents of the United States, Mexico, Canada, Colombia, Peru, Brazil, Portugal, Spain, France, Italy, the United Kingdom, Australia, New Zealand, Uruguay, Chile, Netherlands, Germany and other countries travel abroad to this surrogacy–friendly and desirable destination.

Argentina’s permissive surrogacy laws, particularly in Buenos Aires where intended parents are listed on newborns’ birth certificates, have made it a leading destination for those facing restrictions in their home countries. With its openness to intended parents from diverse backgrounds — singles, same–sex couples, married/ non–married heterosexual couples, and de facto couples — Argentina offers a path to parenthood for many coming here to initiate the surrogacy process and travel back to their home country with their infants.

If you are an aspiring parent considering surrogacy in Argentina, this guide will equip you with the knowledge you need. We will delve into the legal framework, eligibility criteria, available programs, and the associated costs that can influence your decision.

Legislation on Medically Assisted Reproduction

For decades, Argentina has offered medically assisted reproduction (MAR) as a solution for individuals and couples facing infertility. The cornerstone of this approach is Law 26,862, enacted in 2013, which guarantees “full access to medically assisted reproduction procedures and techniques.”

On June 25, 2013, Congress passed Law 26.862 on Medically Assisted Human Reproduction, better known as the “National Law on Assisted Fertilization,” on comprehensive access to medically assisted fertility procedures and medically assisted reproduction technology which was signed into law by President the following day.

This law prioritizes inclusivity, ensuring all adults who provide informed consent can access a wide range of MAR options. These procedures can be low or high complexity, with or without donated sperm, eggs, or embryos. Cryopreservation, the long–term storage of genetic material and embryos, is also permitted and regulated under this law.

Key Features of the Law:

Universal Access: The law promotes inclusivity by allowing all consenting adults the right to access MAR procedures. Consent can be withdrawn up until embryo implantation.
Safety and Oversight: To ensure quality care, procedures must be performed in licensed healthcare facilities, meeting the National Ministry of Health’s standards. The Ministry maintains a registry of authorized facilities.

With this framework in place, Argentina has established itself as a leader in reproductive rights, empowering individuals and couples facing infertility to explore various options for building a family.

Surrogacy Laws and Legal Framework in Argentina

Surrogacy is neither approved nor banned in the country. While there is no specific surrogacy law, Argentina’s National Law on Assisted Fertility (2017) and liberal legal system provide a supportive framework.

Only gestational surrogacy is permitted, where the surrogate mother does not use her own eggs and, thus, has no genetic link to the child. The embryo should be created using the prospective mother’s or donor’s oocytes fertilized with the prospective father’s or donor’s sperm, and a surrogate will only gestate the embryo and give birth to a child.

Like some other countries, Argentina allows altruistic surrogacy but compensates surrogates for medical expenses and provides health insurance coverage.

The surrogate mother does not have any rights to the baby, which she will give birth to the intended parent. Before the embryo transfer, the surrogate signs a contract with prospective parents stating that she has no procreation will. This signed and notarized consent document is presented to both a public notary and the civil registry. According to this contract, prospective parents are recognized as legal parents of the baby.

According to Argentinian law, the baby’s citizenship is determined by the place of birth. With prior signed consent, the intended parents are listed on the birth certificate, eliminating the need for court proceedings. If the birth occurs in Buenos Aires, the child gets Argentinian citizenship and will be issued an Argentinian identity card. If the intended parents are non–Argentine residents and need to return to their country, they must apply for their own citizenship and a passport for a baby via their embassy.

Argentinian Surrogate Criteria

Argentina doesn’t have a central legal document outlining specific criteria for gestational surrogates. However, fertility clinics generally follow guidelines established by professional organizations and ethical considerations. Surrogates in Argentina undergo extensive medical screening to ensure they are fit for pregnancy. They are required to be between 21 and 35 years old, be physically and psychologically healthy, with a reproductive history of successful pregnancies and deliveries and a healthy uterus, no history of gestational diabetes, pre–eclampsia, and other undesirable issues with a previous pregnancy, have at least one own child. While not always required, some clinics might give preference to experienced surrogates with a successful surrogacy history.

Egg and Sperm Donation

Argentina allows and regulates egg and sperm donation under a legal framework that ensures anonymity for both donors and recipients. There is no donor database with photos; instead, the selection is based on desired characteristics provided by the intended parents. To incentivize donation while maintaining anonymity, compensation is typically structured as expense reimbursement for donors, following the guidelines outlined in Law 26,862 (National Law on Assisted Fertilization).

However, it is essential to note that children born through these procedures have the right to learn the identity of their biological parents (egg or/and sperm donor) upon reaching adulthood (age 18).

Egg Donor Requirements

While there isn’t a central legal document outlining specific egg donor requirements in Argentina, fertility clinics typically follow guidelines established by the American Society for Reproductive Medicine (ASRM) or similar organizations. Here is a likely range of requirements for egg donors in Argentina:

Age: Donors are typically between 21 and 35 years old. This age range is chosen to optimize egg quality and quantity.
Medical History: Comprehensive medical screening is mandatory. This includes reviewing the donor’s personal and family medical history to assess potential health and genetic risks.
Infectious Disease Testing: Testing for HIV, hepatitis B and C, syphilis, and other relevant infectious diseases is standard.
Psychological Evaluation: A psychological evaluation may be performed to ensure the donor’s emotional well–being and understanding of the donation process.
Genetic Testing (Optional): Some clinics may offer or recommend optional genetic carrier screening (a genetic test of ovarian reserve, karyotype, fragile X syndrome, and genetic compatibility test) to identify potential genetic conditions.

It is worth noting that these are general guidelines, and specific requirements may vary depending on the fertility clinic. For the most accurate and up–to–date information, contacting fertility clinics in Argentina is recommended.

Sperm Donor Requirements

Similar to egg donation, Argentina has no legal document outlining specific sperm donor requirements. Fertility clinics generally follow guidelines established by organizations like the American Society for Reproductive Medicine (ASRM). Here’s a likely range of requirements for sperm donors in Argentina:

Age: Donors typically fall between 18 and 39 years old. This age range is chosen to optimize sperm quality and quantity.
Medical History: Thorough medical screening is mandatory. This includes reviewing the donor’s personal and family medical history to assess potential genetic risks and risks associated with chronic diseases and other unanticipated health conditions.
Infectious Disease Testing: Testing for HIV, hepatitis B and C, syphilis, and other relevant infectious diseases is standard.
Psychological Evaluation: A psychological evaluation may be performed to ensure the donor’s emotional well–being and understanding of the donation process.
Genetic Testing (Optional): Similar to egg donation, some clinics may offer or recommend optional genetic carrier screening (male fertility genetic test, karyotype, sperm DNA fragmentation analysis using the TUNEL assay, a genetic compatibility test, Y chromosome microdeletions, FISH (fluorescent in situ hybridization) technique on spermatozoa) to identify potential genetic conditions.

Important Note: For the most accurate and up–to–date information, we highly recommend contacting fertility clinics in Argentina directly. Their requirements may vary.

Sex Selection of an Embryo in Argentine

Argentina does not currently allow gender selection for social reasons. This means that fertility clinics cannot legally perform procedures like Preimplantation Genetic Diagnosis (PGD) solely to choose the sex of a future child. However, PGD is permitted for medical purposes to avoid transmitting serious genetic diseases linked to the X chromosome. There is also the option to explore non–invasive prenatal testing (NIPT) during pregnancy, which can reveal the fetal sex, but this is for informational purposes only and does not influence the continuation of the pregnancy.

Shipping of Gametes and Embryos

Shipping embryos from other countries to Argentina is possible, but the destination clinic must hold a valid import license. This ensures the highest safety and ethical standards are met. While shipping costs can be high, some clinics offer cost–effective shared shipment options.

Alternatively, if you haven’t yet created embryos, Argentina has a well–established network of fertility clinics, especially in Buenos Aires, where you can explore in vitro fertilization (IVF) with egg or sperm donation. This could be a more straightforward approach, depending on your circumstances.

Surrogacy Programs in Argentina

When considering surrogacy in Argentina, various program options are available, depending on your needs and preferences. These programs can be facilitated through a clinic directly or with the help of an agency, which can be domestic (Argentina–based) or international.

Program options may include:

Self–cycle gestational surrogacy
Egg donation and gestational surrogacy
Frozen embryo transfer (FET) and gestational surrogacy
Guaranteed gestational surrogacy with egg donation (offered by some agencies)

Some agencies might also offer additional programs such as guaranteed baby programs, premium egg donation options, or programs with traveling egg donors that guarantee live births.

It’s important to note that Argentinian clinics and agencies typically only use local gestational carriers for births within Argentina. US–based agencies might offer some variations, potentially using US or Canadian surrogates and facilitating embryo creation in Argentina with transfer to a local (US or Canadian) carrier. The location of birth will determine the child’s citizenship.

Surrogacy Cost in Argentina

The cost of surrogacy in Argentina offers a significant advantage for intended parents compared to programs in the United States, Canada, and the United Kingdom. Prices can vary depending on your specific needs and chosen program. For example, self–cycle gestational surrogacy using your own eggs and sperm starts at $55,000. Surrogacy with a local egg donor begins at $60,000, while Caucasian donor egg surrogacy programs start at around $77,000.

These figures typically include medical expenses, legal fees, and compensation for the gestational carrier. However, additional costs like medications and insurance need to be factored in.

For a more comprehensive and guaranteed journey, agencies offer “All Inclusive Guaranteed Baby” programs, ranging from $79,000 to $100,000. These programs cover most, if not all, expenses associated with surrogacy, including lawyers, egg donors, and the clinic.

Important to consider: Private, clinic–facilitated programs can be less expensive than agency–assisted ones. Working with an altruistic surrogate (not receiving compensation) can reduce costs by $10,000 to $20,000.

Surrogate Mother Cost in Argentina

Surrogate mothers in Argentina undergo thorough psychological and medical evaluations to ensure their physical and mental well–being throughout the surrogacy process. They are also financially compensated for their time and commitment, with costs typically ranging from $10,000 to $20,000.

There are two main compensation arrangements:

Compensated Surrogacy: This is the most common arrangement in which the surrogate mother receives a predetermined fee as outlined in a legal contract.
Altruistic Surrogacy: In less frequent cases, a close friend or relative of the intended parents may act as a surrogate without receiving financial compensation. This arrangement typically involves covering the surrogate’s medical expenses and other pregnancy–related costs.

Discussing these options with your clinic or agency is essential to determine which best suits your situation.

IVF Surrogacy

A single–attempt surrogacy program using the intended mother’s eggs and the intended father’s sperm is available for $55,000. It includes in vitro fertilization (IVF), a birth package (hospital fees, delivery, and basic postpartum care for the surrogate), and local clinic fees. However, this cost does not cover medications required for the IVF cycle.

Surrogacy with a Local Egg Donor

Surrogacy with a Local Egg Donor offers a single–attempt program with an Argentinian Egg Donor starting at $60,000 and ranging up to $69,000.

Surrogacy with a Traveling Egg Donor

Intended parents seeking an international egg donor will incur additional expenses beyond the base program cost (which typically covers IVF and egg donation fees). The average cost for international egg donation varies depending on factors like agency fees, donor travel, compensation, screening, insurance, and legal fees, but typically falls around $25,000. This excludes IVF clinic costs and any unforeseen complications.

Costs can reach $36,000, rising to $69,000 for premium options like selecting a donor with specific qualifications or a package with additional services (such as a Live Birth Guarantee).

Surrogacy Only with Existing Vitrified Embryos

For intended parents with embryos deposited at clinics abroad, cryotransfer, which involves thawing and transferring the frozen embryos to a surrogate, can be a viable option. However, initiating such a program independently requires careful consideration of several factors. These include cryoshipping fees, legal fees associated with importing the embryos to your desired country, and additional fees for embryo storage at the receiving clinic.

Agencies offer “Cryotransfer with gestational surrogacy” packages starting at $49,000. These packages may vary in what they include. Some may only cover a single embryo transfer attempt, while others offer continued transfers until all your embryos are used.

Guaranteed Surrogacy with a Local/Other Ethnicity Egg Donor

Guaranteed packages may provide a limited or unlimited number of clinical procedures (IVF cycles, donations, embryo transfers, etc.) at a fixed cost. These comprehensive programs include most medications, clinic fees, and other expenses needed to bring your baby home. Costs for guaranteed surrogacy with a local or international egg donor typically range from $79,000 to $99,000, with some exceeding $100,000 if the program results in twins.

Surrogacy for Single Men and Gay Surrogacy Programs

Single intended parents and gay couples can choose the program that best suits their needs. Options include surrogacy with a local egg donor for a single baby or “The Sibling Guarantee” program, which ensures the birth of twins using two different surrogates. The cost of surrogacy with a local egg donor is similar to that for heterosexual couples. The Sibling Guarantee program comes at a higher cost, starting at $119,000 and ranging up to $139,900.

Disclaimer: The cost breakdowns for IVF surrogacy packages are examples and may not be inclusive of all potential expenses.

By carefully considering your needs and budget, you can choose the surrogacy program that best suits your situation. Consulting with a reputable clinic or agency can ensure you receive a transparent cost breakdown and guidance throughout your journey.

Argentina’s Leading IVF Clinics

Argentina, particularly Buenos Aires, hosts several leading IVF clinics in the world, offering advanced fertility treatments to individuals and couples. These clinics specialize in helping those struggling with infertility by providing a comprehensive range of services, including in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), egg and sperm donation, and surrogacy.

Staffed by highly experienced and board–certified fertility specialists, these clinics leverage state–of–the–art technology to achieve impressive results. This commitment to excellence extends to providing exceptional patient care, ensuring a supportive and personalized experience throughout your journey.

Success Rates of Surrogacy in Argentina

Success rates in gestational surrogacy depend on several factors, including the quality of sperm and eggs used. However, for those utilizing egg donation with further PGT–A screening of the preimplantation embryos, clinics in Argentina achieve impressive clinical pregnancy rates of around 61–70%. This is comparable to leading clinics in the US.

Factors Contributing to High Success Rates

Several practices contribute to Argentina’s high surrogacy success rates:

Blastocyst Transfers: Clinics in Argentina exclusively perform blastocyst–stage transfers, which are linked to higher implantation rates.
Rigorous Egg Selection: In egg donation cycles, they ensure a minimum of 7–9 mature eggs per recipient and guarantee at least one blastocyst for transfer.
Preimplantation Genetic Testing (PGT–A): For gestational surrogacy with donor eggs, PGT–A testing is standard practice. This allows for the selection of chromosomally healthy embryos, further improving success rates. Clinics often guarantee the transfer of at least one such embryo.

This focus on advanced techniques, accurate selection processes, and genetic testing contributes to Argentina’s strong reputation for successful surrogacy programs.

Conclusive Words:

Argentina is one of the few countries offering surrogacy solutions to single parents and same–sex couples. This progressive approach, coupled with competitive costs, advanced technology, and a focus on patient care, makes Argentina a compelling destination for intended parents seeking to build their families through surrogacy.

Before embarking on this journey, it is crucial to consult with legal and medical professionals to ensure a smooth process. These professionals can guide you through legal requirements, consider your individual circumstances, and assist in clinic selection.

Disclaimer: The information in this article is for informational purposes only and should not be considered as legal or medical advice. Please consult with qualified professionals for guidance specific to your situation.