Same Sex Surrogacy Argentina

Subrogation of surrogacy or motherhood is an alternative for those couples or people who otherwise can not achieve a pregnancy and thus realize the desire to form a family.

It is a manifestation of wills where a woman carries out a pregnancy for another person or couple. It is applied as therapy for any person who wishes to have a child and who does not have the possibility of carrying out the pregnancy, for example, a man, two men, or in the case of being a woman, due to absence or affection of the uterus, or present diseases that contraindicate pregnancy by affecting their evolution or by putting women at risk.

What does the law say? In our country there is no law that regulates this procedure, so it is not prohibited. Therefore, it can be done taking the necessary precautions to minimize possible adverse situations.

Our subrogation program began in 2013 and achieved the first favorable ruling of the justice system in our country in 2014, where parents are considered to be the couple who had the procreational will and not the pregnant woman. In this first case there were other more, which increased exponentially the consultations.

Why choose us? Because we have worked for years in an interdisciplinary way to advise and accompany them from the medical, legal and psychological.

This treatment allows step by step, for example, cryopreserved embryos can be collected waiting to be subrogated in the future, or in another country or with carriers from abroad. The variants exist and you only have to evaluate which one is the most appropriate for each case.

When the birth occurs within the City of Buenos Aires, no judicial process or prior judicial authorization is required.

You may or may not require a lawyer, it is not mandatory.

The Assisted Fertilization Center is the one who will guide you along the way. Halitus is the pioneer center in these cases, not only when it carried out the first case in 2011, no other center encouraged it to do so, but to carry out the appropriate medical engineering for its project to expand its family.

You can make your embryos in Argentina and make a solidary gestation in the country. You can bring from Belgium First Egg bank, ovules of women of different ethnicities, whose donors can be individualized in photography and with whom Halitus has an agreement. The proceedings are entirely done by Halitus, not a lawyer. They may come from other banks in other parts of the world and especially the USA, with whom Halitus has also had professional relationships for many years.

You can also opt for the open donor identity program. This program is also managed by Halitus and is required for certain European countries that require that those born by these techniques, when they grow up, can know the identity of the donor.

External resources

You can hire a qualified agency in the USA, Canada, Ukraine, Georgia to look for a pregnant woman and perform treatments in these countries. You can assemble the embryo in Argentina and send it from Halitus to the country that indicates or that the carrier travels and the transfer is made in Halitus and then the birth in another country.

These engineering are not random, they have been years and agreements with agency and recognized medical centers so that everything goes perfect, since there is nothing more important than the extension of your family.

Births outside the City of Buenos Aires

Get advice exclusively with a lawyer qualified to practice your profession in the place where your child is going to be born or where you reside and where the pregnant woman resides. It is the one who will best guide you in the alternatives if you can register the birth as in CABA or require a prior judicial authorization, during pregnancy or a subsequent legal action for not having been born in CABA. All this will depend on the position of the local tribes of each jurisdiction outside of CABA.

Lawyers in Argentina, what we do.

Within this range of alternatives to expand your family, you may require legal advice to prepare and sign the informed consent in Argentina, to assess the possibilities that exist in Argentina and other countries. For agreements signed with agencies, medical centers, donors abroad, specialized lawyers are advised in the country where you sign them. For the United States, Canada, nothing better than certified lawyers in these practices belonging to The Academy of Adoption and Assisted Reproduction Attorneys (AAAA). AAAA has a list of agencies as well. With any AAAA lawyer you can rest assured about the advice you will receive. It also includes lawyers from the United Kingdom, Australia, Argentina and Israel. For other countries where AAAA is not present, you can refer to the Internationa Academy of Family Lawyers. Being part of these academies requires high references and qualifications. In other words, the lawyers know what they are talking about.

Attorney Choice in Argentina

For the choice of the lawyer in matters of gestation by substitution is suggested;

a) Find out where the professional has trained in this area, what experience he has. If you have had problems or complaints by judges or the clients themselves or colleagues in the ethics courts for their professional performance.

b) If you have a license for the place where you intend to practice your profession. Each province and the City of Buenos Aires have exclusive jurisdiction with its bar association that governs the profession. You can call the law school where the lawyer offers his services to see if he is qualified. When not being, he can not practice his profession in said jurisdiction and therefore can not assist him. If you reside in the city of Buenos Aires, call the Federal Capital Public Bar Association. So in each province.

c) A lawyer can not agree on fees in relation to the duration of the process according to the lawyer's codes of ethics. You can not, for example, charge a monthly sum for the duration of the process. In these subjects it is customary to charge for a consultation and the preparation of prior free and informed consents if nothing else is required.

d) For the registration of the newborn in the city of Buenos Aires, it does not require that any lawyer accompany him, it is similar to a natural birth. We guide you, we do not accompany you as it is not necessary. Moreover, it is strange for a Registry official to have a lawyer present. In the interior of the country, they go with a judicial office, therefore they do not require the presence of the lawyer either.

d) Remember that for substitution gestation practices, what you need is a recognized center that has its team of professionals to assist you. You do not need a lawyer to accompany you during the entire treatment. He needs specialist doctors and psychological support if he considers it necessary. If you have a doubt at any time, make a consultation with a lawyer and pay for this consultation. You can also make an interconsultation, with several lawyers if you have doubts, just like doctors do.

e) As in the USA, the advocate of procreational parents indicates a list of colleagues for the pregnant woman, who are prepared and trained in pregnancy issues by substitution. This is a precautionary measure so that everyone understands what we are talking about.

Being a lawyer does not mean knowing and being an expert in all areas of law. In the same way a Medical Center can instruct them to consult with expert lawyers in the matter, all to avoid misunderstandings tomorrow and for the protection of all parties.

g) Although in a judicial presentation where all parties agree, has accepted the intervention of a single lawyer, like a divorce by mutual agreement, most courts require two lawyers, one per part. In the United States, two lawyers are always needed for advice from both parties and if there is a donation of gametes / embryos, the contracts and lawyers are added.

h) That a medical center or agency determines a consultation with a certain lawyer, as do many fertilization agencies and centers, especially in the USA does not mean that there is a conflict of interest, this happens only when counseling or advising to both parties. The prohibition refers to the simultaneous or successive representation of opposing interests but according to the letter of both norms so that the infraction is configured it is required that both actions occur in the same cause.

Final recommendation:

These medical procedures have their costs, then families; invest in medical treatments, lawyers only accompany and the fees must be proportional to the service provided. We do not provide a carrier uterus treatment where our presence is mandatory. It is an advice like any other. If you do not want to have any legal advice and your assisted fertilization center does not require it, you are in your right, you are not required to be assisted by a lawyer. It is not advisable, but it is your right. Although hardly a medical center accepts practices without the intervention of lawyers in matter of uterus carrier. At least this is the case in the US and Canada.

Before hiring a service, be it from lawyers, assisted fertilization centers, consult at least two or three providers. Compare services, costs, experience and only then make your choice. Do not forget to consult Halitus, with a carrier uterus team that has already been in these practices for 6 years, bringing to reality the dreams of many families and highly evolved with operations with US centers and agencies. For our part we are at your disposal to advise you. We train with the best in the United States, to give you an excellent and updated service, as well as with a Medical Center, or an agency, listen to compare and then decide in which place you felt better and legally more content. Remember, only by comparing can you decide better.