Does Argentina give citizenship by birth to surrogacy babies?

With the aid of a gestational surrogate who will carry their children to term and provide for them, the intended parents can use the assisted reproductive technique of gestational surrogacy. Surrogacy in Argentina is used by intended parents to help them start or grow their families when they are unable to do so on their own.

In Argentina, same-sex (gay) couples, heterosexual married or unmarried couples, single people, and gay couples can all use surrogates. It’s understandable why Argentina is regarded favorably by adoptive families as a friendly country.

Singles, same-sex couples, single men, married or unmarried hetero couples, and heterosexual singles are all choosing Argentina as their surrogacy destination on a regular basis.

Singles, same-sex couples, single men, heterosexual married or unmarried couples, and single women are among the growing number of people choosing Argentina as their surrogacy destination. The Buenos Aires legal environment, which only names the intended parent(s) on newborn birth certificates and grants them full parental rights from birth, is promoting the expansion of the surrogacy market in Argentina.

Reading this article will help you find the answers to your questions about the surrogacy laws in Argentina. Moreover, we’ll talk about it in this blog.

  • Surrogacy laws in Argentina
  • A surrogate mother in Argentina
  • Can surrogacy babies acquire citizenship by birth in Argentina?


Surrogacy laws in Argentina

Surrogacy in Argentina is neither expressly permitted by law nor specifically controlled. In each distinct surrogacy case, judges in Argentina consider what is in the child’s best interests. Argentina’s first surrogacy court ruling occurred in a historic case in 2013.

All types of families are permitted to use surrogates in Argentina, including heterosexual married couples, civil unions, single people, and gay couples.


surrogacy agency in Argentina


The surrogacy laws in Argentina state that a genetic connection to the intended parent is not necessary.

The only way for homosexual couples, or even gay couples in general, to conceive a biological child is through surrogacy. There are many jurisdictions where surrogacy is both acceptable and legal. Additionally, surrogacy is neither illegal nor forbidden everywhere.

There are no laws prohibiting gay couples from using surrogates in Argentina, among other places. This nation has a reputation for being LGBT-welcoming because it was the first in Latin America to permit gay people to become parents through surrogacy.

The ability to adopt children is one of the many legal rights shared by heterosexual and homosexual couples who identify with one another.

Before taking part in a surrogacy program, a gay couple must ask the surrogate mother for permission to adopt the child after the baby is born.

The mother must acknowledge that one of her husbands is the child’s father and give up her parental rights before allowing the child to be adopted by that husband’s partner.

Only a few nations, including Argentina, permit the use of surrogates by same-sex couples and single parents. The nation’s and its people’s liberal outlooks are in line with this constitutional guarantee of gender equality.

Even single individuals who are planning to become parents must abide by the rules.

Argentina offers relatively simple conditions for surrogacy procedures. All newborns in Argentina, including those born through surrogacy, are entitled to citizenship and passports issued by Argentina. In 2017, the Argentine Senate approved the country’s assisted reproduction law.


A surrogate mother in Argentina

The use of a surrogate mother in Argentina who has successfully delivered a child in the past is an option for a couple who is experiencing severe infertility. In order to carry the couple’s pregnancy and child for nine months, the surrogate mother must be in good physical and mental health. You can choose a surrogate mother independently or through a clinic in Argentina.

Clinics and surrogacy agencies deliver healthy surrogate mothers after thorough screenings and medical examinations. Your doctor will combine fertilized sperm and eggs, then transfer the resulting fertilized embryo to the surrogate womb.

The intending parents can reward or uncompensated the surrogate mother. The surrogacy price in Argentina will include living expenses, food, transportation, maternity care, and medical expenditures. When the surrogate mother gives birth, the couple will receive a healthy child.




The type of surrogacy you choose determines the final cost of surrogacy in Argentina. Your choice of a paid or unpaid surrogate mother raises the cost of surrogacy in Argentina. It ranges between USD 66,000 and USD 69,900. The cost of a surrogate mother is also included in the surrogacy costs in Argentina. 

In Argentina, you will choose a surrogate mother from any institution or agency that charges a fee for the woman’s medical diagnostics, remuneration, basic needs, travel, food, and other necessities for her to survive and provide for her unborn child. Surrogate mother insurance can be provided, albeit it may not cover the complete procedure. The cost of the surrogate mother in Argentina will have an impact on all of your costs.


Can surrogacy babies acquire citizenship by birth in Argentina?

Children can only obtain citizenship by birth or ancestry; foreign national children cannot naturalize as Argentine citizens until they are 18 years old. Surrogacy babies can acquire citizenship in Argentina in the following ways:


  1. Birthplace

Article 1 of Law 346 (Ciudadana y Naturalización) declares that anyone born on Argentine soil is a citizen, regardless of their parent’s nationality. There are some exceptions, like those involving the offspring of foreign ministers.


  1. By birth parents (descent)

Additionally, under Article 1 of Law 346, Argentine citizens who were born outside of the country of Argentina to Argentine parent(s) may choose to apply for Argentine citizenship. Both the civil registers in Argentina and the Argentine consulate can be used to complete this.

If the candidate is under the age of 18, their parents or legal guardians can apply for citizenship on their behalf.


  1. By naturalization

Foreign nationals are only eligible to apply for citizenship after turning 18 years old, as stated in Article 2 of Law 346. To be eligible, the applicant must:

  • be 18 years or older;
  • have lived in Argentina for two consecutive years;
  • provide documents such as proof of income or proof of employment; and
  • apply before a federal judge.

So it can be said that Argentina is a surrogacy location that is steadily gaining appeal to surrogacy for same-sex couples, single men, heterosexual married or unmarried couples, and single women. Due to the Buenos Aires legal framework, which only names the intended parent(s) on newborn birth certificates and grants them full parental rights from birth, the surrogacy industry is able to flourish in Argentina. Because of this, you are able to move forward with this procedure quickly and effectively thanks to surrogacy laws in Argentina.


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