Yes, commercial surrogacy remains illegal in Argentina under the Civil and Commercial Code (CCC), while altruistic arrangements face limited legal recognition. The National Registry of Persons (RENAPER) enforces these restrictions, and recent 2026 draft amendments propose stricter oversight for gestational surrogacy agreements.
Key Regulations for Surrogacy in Argentina
- Altruistic-only framework: Only non-commercial surrogacy is permitted under Article 562 of the CCC, prohibiting any financial compensation beyond reasonable expenses.
- Judicial pre-approval: Surrogacy agreements require prior judicial authorization from family courts, with judges assessing compliance with welfare standards.
- Gestational surrogacy dominance: Traditional surrogacy (where the surrogate is genetically related) is effectively banned, as only gestational surrogacy (using the intended mother’s or donor’s egg) is recognized.
Enforcement varies by jurisdiction, with Buenos Aires and Córdoba provinces adopting stricter interpretations. The 2026 proposed reforms aim to centralize oversight under the Ministry of Justice, mandating genetic testing and psychological evaluations for all parties. International surrogacy arrangements face additional scrutiny, with RENAPER denying birth certificates to children born via commercial surrogacy abroad unless pre-approved by Argentine courts.