Argentina May Ban International Surrogacy
An article was published on October 4, 2025 in the Buenos Aires Herald with the title, ‘Argentina investigates ring recruiting surrogates and selling babies abroad.’ (1).
This investigation is examining clinics, notaries, law firms, and foreign companies in order to understand their practices and how Argentina has been transformed into a ‘reproductive tourism’ destination.
Let’s pause for a minute, because that is a lot in two sentences: ‘Ring recruiting surrogates,’ ‘selling babies,’ and ‘reproductive tourism’ all sound awful, and they are.
However, I want to emphasize that one of my main goals with BabyMoon Family is to provide objective, actionable information for queer intended parents (IPs) that allow them to ethically create their rainbow families through assisted reproductive technology (ART).
I am supportive of international surrogacy journeys, especially since my husband and I are currently on our own journey in the United States while living in Sweden. I have also written about how not everyone can afford a surrogacy journey in the United States (https://www.babymoonfamily.com/original-articles/ivf-and-surrogacy-abroad), and so this should not mean that these queer men and women cannot become parents through ART.
However, I am a vehement proponent that all surrogacy journeys, no matter the destination, must be ethical. I have also written some guidelines about how this could be accomplished in a previous article (https://www.babymoonfamily.com/original-articles/ethical-surrogacy-abroad).
I am a firm believer that regulations are what is needed in all countries in order to protect all parties involved in a surrogacy journey, from the IPs, to the gestational carrier (GC), to the newborn child.
With that being said, let’s dive into this news story with some additional background on surrogacy in Argentina.
State of Surrogacy in Argentina
As is the case with many countries that have become popular with surrogacy, Argentina has no national legislation on the practice. This does not mean it is illegal, but rather, it means it is legal but comes with the risks of operating in a regulatory gray area.
Although most of the online information on surrogacy in Argentina comes from surrogacy agencies, I was able to find an English reference that summarizes the legal aspects of surrogacy in Argentina from an Irish family law firm, Poe Kiely Hogan Lanigan LLP.
Poe Kiely Hogan Lanigan LLP describes the main aspects of surrogacy in Argentina as (2):
Open to domestic and international IPs, regardless of nationality, marital status, or sexual orientation.
Gamete (i.e. egg or sperm) donation is allowed and can be anonymous or open identity.
Parentage is determined through ‘procreative intent’ with the IPs confirming their intention to become parents, and the GC voluntarily relinquishing hers.
Once the GC confirms her lack of ‘procreative intent,’ she has no guardianship or custody rights over the baby born.
The birth must take place in the Autonomous City of Buenos Aires.
Because of these seemingly ‘friendly’ legal logistics, Argentina has become a popular place for international IPs. A Google search in English for ‘surrogacy in Argentina’ produces four sponsored links for agencies as well as twelve additional agencies on the first two pages of search results.
Interestingly, according to a reputable and experienced Australian family lawyer, Stephen Page from Page Provan Family and Fertility Lawyers, surrogacy in Argentina is meant to be altruistic (3). This does seem like a large number of agencies operating in Argentina if the practice is altruistic. Of course, agencies exist in countries like Canada and the UK where surrogacy is also altruistic, but the legal gray area of Argentina does make this seem more precarious.
Back to the News Article
The investigation into surrogacy practices in Argentina was initiated due to a case from an international IP in January 2024. The case includes a 58 year old German woman who presented to a hospital in Bonn, Germany with a three month old baby in extremely poor health. The baby had an Argentinian birth certificate, and the woman was identified through these documents as the child’s mother. However, because of the child’s medical state, the baby girl was placed into foster care and a police investigation in Germany was launched.
The Germany investigation quickly involved the Argentinian authorities, given the birth certificate and passport of the child were from Argentina. The investigation found 147 cases of surrogacy carried out between 2018 and April 2024 in Argentina. In at least 49 cases, the clients had similar characteristics to the German woman.
What Has the Investigation Uncovered
Without naming companies or agencies, the investigation has reported that ‘legal entities’ in Argentina are advertising the ‘Argentina Program’ to international IPs. This program costs around $50,000 USD and includes creation of embryos, selecting the surrogate, regular pregnancy check-ups, and the birth of the baby.
These types of programs are not uncommon. My husband and I are on a ‘Piece of Mind’ program in California that includes all the same aspects of the journey, albeit for five times the cost. What is most concerning is that the investigation appears to have also identified extremely unethical practices in the recruitment and work with gestational carriers.
Allegedly, surrogacy agencies contacted potential GCs through social media, offering $10,000 USD to carry a pregnancy to term, with a ‘bonus’ of $1,000 to $2,000 USD if they gave birth by cesarean section. If the pregnancy was interrupted for any reason, the companies refused to make the payments, except for the minimal monthly expenses already paid.
This recruitment and blatant financial manipulation and exploitation is reprehensible. While I am a supporter of compensation to GCs, I do not believe that there should be financial incentives for unnecessary medical procedures, or that they receive no compensation if there is a miscarriage. Also, if surrogacy in Argentina is supposed to be altruistic, these types of direct compensation should not be used.
Also, the article claims that they were targeting women with socioeconomic challenges. This sounds like Netflix’s telenovela ‘The Surrogacy,’ which I have previously eviscerated for its extremely poor ethical portrayal of surrogacy (https://www.babymoonfamily.com/original-articles/netflix-the-surrogacy).
However, if this is truly happening, then one can understand why the Argentinian prosecution is arguing that this situation is criminal and equating it to abuse.
Conclusions
Even if a fraction of the accusations in this article turn out to be true, this is a truly horrific situation.
I want Argentina and other countries around the world to be able to continue surrogacy and support queer IPs, but it has to be done ethically and within a framework of clear regulation and guidance.
As what happened in Thailand almost a decade ago, a single case led to the complete cessation of international surrogacy. However, as I have written before, Thailand may be opening back up to international IPs, with new regulations and laws in place to help prevent future issues (https://www.babymoonfamily.com/original-articles/thailand-reopens-international-surrogacy).
Perhaps this is where Argentina will go. Time will tell.
If you have any information or updates to share on the situation in Argentina, please reach out to me at bryan@babymoonfamily.com.
Also, if you are a queer IP considering an international surrogacy journey, please feel free to reach out with questions at any time. I want to support you on your journey to creating your dream rainbow family, and I want to help you accomplish that within an ethical framework.
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