In recent years, Argentina has experienced a significant surge in international brokers and agencies setting up surrogacy programs for foreigners, primarily in the City of Buenos Aires. However, the Argentine judiciary has recently raised strong objections to this rapid increase in what it perceives as a potentially exploitative and unregulated industry operating within a poorly regulated environment. As a result, under the threat of prosecution, Argentine IVF clinics have ceased performing embryo transfers for surrogacy, and many local agencies have shut down. Communication between surrogates and intended parents has become increasingly difficult. Surrogates are going without health insurance and monthly reimbursements, and infants born via surrogacy are being prevented from leaving Argentina. Hundreds of intended parents have lost their savings to agencies that are no longer reachable. According to the latest court ruling on October 22, 2024, most courts will not remove the surrogate’s name from an Argentine birth certificate. Agencies should NOT advise intended parents that the birth certificate can be altered through a subsequent lawsuit.
Similar government crackdowns and forced surrogacy program closures have occurred over the last decade in countries such as India, Thailand, Greece, and Georgia. This latest crisis will put immense pressure on surrogacy programs in countries that continue to offer surrogacy, many of which operate with little to no regulation.
Given these risks, intended parents considering international surrogacy arrangements are urged to pause, seek professional advice, and familiarise themselves with the minimum health, legal, and ethical standards that providers should adhere to. Independent sites such as surrogacy360.org offer detailed guidelines. Growing Families also advocates for ethical standards and asks select providers to adhere to these in the interest of all parties involved. Engaging in domestic surrogacy, where possible, is likely to be the safest option.
Source: Growing Families International Advisory Board (Extra-ordinary Meeting, December 9, 2024)
