The Surrogacy of wombs in Argentina continues to preserve legal loopholes that make access to rights difficult for all parties involved, leaving the practice subject to judicial action. In the Chamber of Deputies, once again promoting a bill that addresses surrogacy.
The text, authored by the Cordoban Oscar Agost Carreño (Federal Meeting)focuses on the best interests of the childand aims to determine a specific legal framework to protect the pregnant woman (whose health, freedom or physical integrity cannot be violated in any case) and to the children born under this modality in the face of the current lack of legal protection.
The practice could be established, if the project advances, altruistically or in exchange for financial compensationan aspect that would represent a regulatory advance with respect to the majority of countries that allow these procedures at a global level. Likewise, it contemplates the containment and psychological support for pregnant women along with complete health coverage during pregnancy and up to one year after birth.
“We cannot continue ignoring the difficulties they are going through. those who want to be parents and are forced to face long judicial processes and legal uncertainties to be allowed access to this technique,” argued Agost Carreño about the project, which was sent to four commissions for treatment: General Legislation, Women and Diversity, Justice and Criminal Legislation.
If it advances at the level of commissions, the project could gather broad consensus: there are similar initiatives of Julio Cobos (UCR), Esteban Paulon (Federal Meeting), Maria Sotolano (PRO) and Anabel Fernandez Sagasti (senator of Union por la Patria).
Surrogacy of wombs: legality in the world and Argentina
Surrogacy is legal in countries of America (such as Brazil, Cuba, Canada and some states in the United States) and Europe (Greece, Ukraine, Armenia, Albania). There are cases where the frame regulations are total with the exception of foreigners (Portugal and Russia), while in Argentina as in other Latin American nations (Mexico and Colombia) the practice exists without concrete regulationsbut advances from jurisprudential cases.
In our country, unofficial figures estimate that between 200 and 500 proceduresmany of them protected by court rulings. The position of the magistrates to enable surrogacy is usually inclined favorably regarding the emotional ties they have with the pregnant woman, as family or friendswhich legally displaces cases carried out by unknown people in exchange for financial compensation.
one last Supreme Court ruling In October of this year, he established a complex jurisprudence reject the request of a male couple who sought to be legally recognized as the sole parents of the child, thus also recognizing the surrogate woman as legal guardian.
From that decision, In Argentina the child is the son of the person who gave birth and, being a rule of public order, it cannot be modified by private agreement between parties. The definition requires lower court judges to require that the minors are registered – by the surrogate woman and one of the intended parents – in the adoption process to incorporate the remaining father into the framework of legal guardianship, which would not necessarily displace the surrogate from her status as a mother.
Fernando Brovelli Report.-
Source: Ambito
