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The case of Ana Obregón and the surrogacy of wombs: alert for a lack of control in Argentina

2023-03-30T19:31:28.014Z


The Spanish actress became a mother at the age of 68 through this resource. Why in Argentina there is a legal vacuum and what is the way to access the method.


It is the first notice that appears in the Surrogate Gestation Facebook group in Argentina.

"

It is a practice that is not regulated or prohibited in the country

."

This translates into:

"Here you can"

.

It is that there is a legal vacuum, which is now known as "solidarity gestation", between family or friends, so as not to violate any law if there is no profit.

But there are also

pregnant women

who are known only to carry the pregnancy forward.

No record can be left that there is an economic arrangement with them.

That it

is illegal

.

That sums up what happens in Argentina with surrogacy, the process by which

a woman gestates for another person

.

The subject rejuvenated because the Spanish actress Ana Obregón resorted to "a rental womb", as they say in Spain, in the United States, to achieve what she did: to be a mother at 68 years of age.

Here the debate on whether or not

"the rights of those who are nine months pregnant

with the vocation of delivering the baby at the same birth" are not being violated, as published by El País, in clear rejection of a method that is also illegal. there.

Ana Obregón, the Spanish actress who became a mother at the age of 68 by surrogacy.

Why is it still possible in Argentina?

And something else: Is there a biological or bioethical limit that limits the age of women to use assisted fertility in their own wombs?

Let's compare ourselves in this paragraph with the pre-Russian invasion Ukraine.

There is the resource of

"intentional parents"

, which is to go to pregnant women who reside in countries where surrogacy is legalized.

In Ukraine, surrogacy for foreigners came into force under the 2004 Family Code and was one of the cheapest countries to do so.

About $60,000.

In the United States, the cost ranges between 150,000 and 250,000 dollars, depending on whether or not embryos are created.

Mirko, the son of Marley, Matilda, the daughter of Luciana Salazar, Dionisio, the son of Flavio Mendoza and Topa, with his daughter Mitai, are celebrity-level surrogates

in

the US. But

the same national version 

can be done.

From the Observatory of Gender in the Justice of the City of Buenos Aires, Patricia Gómez had explained last year, after the growth of consultations to subrogate here due to the closure of the possibility of doing in Ukraine due to the war, that "rental" could be a correct concept.


British Carole Horlock gave birth to 13 babies through surrogacy and is considered the "most prolific" in the world.

Because it separates, he said, gestation from maternal desire and respects the 2015 change in the Civil and Criminal Code of the Nation, which separated the biologization of maternity and paternity and opted for that of "procreational will".

This allows, for example, same-sex couples to become mothers with only one pregnancy, or to register a baby with three parents.

Florencia Daud, a lawyer specializing in Medically Assisted Reproduction and founder of the BioJur Foundation, insists on "surrogacy" and that the term "solidarity" be added.


In solidarity gestation, in vitro fertilization can be used, with the ovules and sperm of the "intentional parents", who have previously frozen them in Argentina or who travel where the pregnant woman is.

Also eggs and sperm from the donor bank;

through sperm donation with artificial insemination, either from the intended father or from the bank;

and with in vitro fertilization of donated sperm and the eggs of the “intended mother”.

The surrogate does not have to be a relative or friend.

She may be, as it happened and was made public in a Telefé note, the house employee.

But fertility clinics also suggest

women "who have already gestated for other families

."

What is illegal is the commercial link.

Nor can there be an agency to turn to to do it.

And there are Facebook groups, another search resource.

There was

a project to modify the Civil Code

in art.

562, to introduce surrogacy.

That "those born by assisted reproductive techniques are children of the person who gave birth and the man or woman who gave their consent."

But ethical and legal issues were argued that left the debate for the future.

Given the lack of regulation, the most recurring strategy is to go to the courts to obtain prior authorization so that after the birth the fathers and mothers of the baby born in this way appear in the Registry of Persons and in the birth certificates.

But if it is already easy to subrogate in Argentina, it is easier if it is done in the City.

"The doctors here tell them that pregnant women please stop in CABA,"

Marisa Herrera, an expert lawyer in reproductive and family law,

tells

Clarín .

This is not new.

The Administrative Litigation Chamber of the City gave rise to a precautionary measure and since 2017 orders

to register 'preventively'

as children of those who provided the procreational will, as long as the pregnant woman has consented not to have procreational will.

The Buenos Aires Civil Registry drew three provisions, the last of 2020, where it even exceeds the limits of that precautionary measure and registers children born by surrogacy carried out in the country or abroad without going through the courts.

What's new: "They are scoring babies like this without control, when the regulation should go through Congress.

The non-control of gestation by substitution is extremely dangerous. A business.

Now they are initiating actions to achieve CABA in each province. They just finished it present in Chaco", says Herrera.

At the other extreme, Florencia Inciarte, coordinator of the Halitus Surrogacy program, celebrates this facility in Buenos Aires and explains to this newspaper exactly what the permits are.

"If all the papers are well signed, there is no problem in writing down the babies with the name of their procreational parents. We make them sign prior, free and informed consents (that everything is understood and that there is no exploitation), by a notary public , and there's no problem writing them down," he says.

At what age can you no longer transfer an embryo in your own womb?

In 2019 there was talk of about 100 cases in the country.

Today there are many more.

"We already made 100 cases by ourselves,"

Sergio Pasqualini, the renowned fertility specialist and Halitus Scientific Director,

tells

Clarín .

With the subject of the Spanish actress who became a mother at the age of 68 thanks to someone else's womb, a curious question arises within a subject as discussed as surrogacy.

Beyond medical issues, if they were optimal, is there an age limit for an embryo to be transferred to a woman in a clinic?

"When you transfer the same woman who is going to carry the pregnancy, then we do look at the age. But you evaluate it in the general context. If she is very old and is alone, that she does not have any relatives, it is one thing. We always think in the well-being of the baby. In addition, when he is older, there is more risk for the woman. You can put an embryo in a 70-year-old by preparing her with hormones, but you are not going to do it because it is dangerous for her," explains Pasqualini.

This changes when a woman in her late 70s chooses surrogacy.

"This technique greatly extends the age of the mothers. That woman who is going to be a mother has no risk. But then the doctors have to evaluate the context. If she has planned what the future of that child will be like when she is not there, what Surely the Spanish actress has planned it, everything is fine. Or not so bad. The ages run away. What was impressive before is not now and in the future it will impress less," the expert closes.

Inciarte, which is specially dedicated to evaluating these cases, says that in the clinic

they have an age limit

for whoever wants to subrogate.

"Sometimes we rush it a bit," he admits.

"A couple who have an older child, who lost the uterus due to illness, since that baby is going to have a brother, and looking at the favorable context, we can do the treatment. Initially, the limit was to add 100 years between the two (the ages of the couple).

It is now 105

".

No such old cases came to that Marcelo T. de Alvear clinic.

But Inciarte already has a speech prepared in case it happens.

"You have to think that if you have a child at 68, at 70 you will have a two-year-old baby. At 7 that little boy will have a 75-year-old mother. It is not all to fulfill the desire to be parents. You have to think about the boys.

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