Surrogacy programs in Argentina ― a method of fertility treatment or human trafficking?

Nov 27, 2024

We propose to examine through the prism of criticism a high-profile criminal case related to surrogacy in Argentina.

Another scandal around surrogacy is being discussed online. The international campaign to stigmatise and destroy surrogacy as a method of fertility treatment continues. Argentina is at the centre of the scandal.

Of course, if the court finds the guilt of those under investigation proven, there will be evidence of paperwork for children with no genetic link to the intended parents - criminal prosecution is more than justified. However, some details are noteworthy. Shortly before the Argentine scandal, similar criminal cases, as if created by copycat, shook other countries, while no one saw any problems in the surrogacy programs in Argentina. Now it seems to be Argentina's turn.

It is striking that the investigation is not fighting the phenomenon of surrogacy itself, but as if it is clearing the ground for those who will be able to offer similar programs without facing charges of human trafficking. And if in Georgia, India and Thailand we can still see some obvious problems with low social and hygienic culture, which can be interpreted as conditions that diminish the human dignity of surrogate mothers, how can we explain such cases against Ukrainian surrogacy clinics with a long history, the highest sanitary culture, clear legislative regulation of assisted reproductive technologies of the world level and substantial fees to surrogate mothers? Suspicions about the lobbying of all these processes arise. It is a pity that the price of such actions will be prison terms on charges of what yesterday was not a crime, but was not a forbidden medical procedure, ruined reputations, parental grief.

One can read about the fact that cases of no genetic link between children and clients of the surrogacy agency were established only near the end of the article, very in passing. The main charge is human trafficking. The motivation looks strange: clinics offered programs costing $50,000, surrogate mothers were paid $10,000, so this is exploitation of socially unprotected poor women. At the same time, working in Argentina at almost any job for less than that amount per year is not considered as exploitation and slavery.

The vulnerable condition of Argentine women, linked to low income and difficult financial circumstances, certainly exists. However, the extent of the problem has been greatly exaggerated. In addition, participation in surrogacy programs is voluntary, which has a positive impact on the financial situation of surrogate mothers and also allows the organisers of the programs to continue the activities that bring beautiful healthy children into the world, making the parents infinitely happy.

Surrogacy has been practised in Argentina for many years, many children have been born through this technique - and only now have the investigators realised that they are all the product of criminal exploitation and trafficking? And yes, there is no legal regulation of surrogacy in Argentina, surrogacy programs have been conducted for many years on the principle of ‘what is not forbidden is allowed’. What has suddenly changed?

Separately, it is worth noting the reason for the start of the Argentine investigation: in Germany, a woman had her baby taken away from her, which was born in Argentina with the help of a surrogate mother. The woman provided proof of her genetic relationship to the child and a birth certificate issued by the Buenos Aires registry office. This did not convince the Argentine consulate in Germany: the child had been taken away from its mother and placed with a foster family. At the same time, no one questioned the thousands of German citizens who have become parents through surrogacy in the USA or Canada. Is the financial solvency of the parents the only guarantee of ethics and human rights?

It is certainly worth waiting for the results of the investigation: whether it will be proved that there is no genetic link between the clients of the agency and the children born to surrogate mothers in Argentina.If, of course, the investigating authorities see fit to make them known to the public.

Despite the fact that Argentina has become a strong competitor to Ukraine as a great platform for surrogacy programs, Ukrainian clinics and agencies express solidarity with their Argentine colleagues who have become hostages of legislative uncertainty and hope that in the near future the Argentine authorities will issue laws clearly defining who is a criminal and who is a bona fide parent who fulfilled the dream of a child with the help of a surrogate mother.

We urge prospective parents to carefully analyse information from the internet regarding any legal incidents and until the situation is stabilised to choose international surrogacy programs in Argentina (e.g. Ukraine-Argentina), where your parental rights are 100% protected by the laws of Ukraine, for the safety of your parental rights. If you are afraid to come to Ukraine because of military actions - pay attention to remote programs.

Choose safety and security! And critically analyse any information on the world wide web.

Argentina's surrogacy legislation has not changed to date. Feskov Human Reproduction Group continues to run programs in this jurisdiction. However, taking care of the welfare and safety of the future parents, the clinic has made contingency plans in case of unfavourable legislative trends: depending on your nationality, marital status, and individual wishes, we can offer other countries without loss of quality and with guaranteed results according to the contract concluded with you.

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Autores, colaboradores:

Vladyslav Feskov
Chief of the Surrogate motherhood Center of professor Feskov

published: 27 November 2024
updated : 27 November 2024

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