Australian Father Stranded in Argentina Amidst International Surrogacy Legal Maze
An Australian father remains in Argentina, unable to return to Australia with his daughter due to ongoing legal complications stemming from an international surrogacy arrangement. This situation unfolds as the Australian government issues warnings regarding the unregulated nature of surrogacy in Argentina and the potential legal risks for its citizens.
Individual Case: Jamie Roberts
Melbourne father Jamie Roberts has been in Argentina for 11 months. His inability to return to Australia with his daughter is attributed to procedural errors encountered in March 2024 during the registration of his daughter's birth in Buenos Aires.
Argentine authorities have reportedly not recognized him as the legal parent nor included his name on her birth certificate, preventing his daughter from obtaining necessary identification documents for travel to Australia.
Roberts stated that he obtained legal advice both in Australia and overseas and followed the guidance available at the time he finalized his arrangements in February 2023. He has reported impacts on his mental health and the depletion of his savings due to legal fees, temporary accommodation, and living costs in Argentina.
He has relocated seven times within Buenos Aires and has been unable to access Australia's federal parental leave scheme while overseas, prompting him to initiate a crowdfunding effort.
The Department of Foreign Affairs and Trade (DFAT) is providing consular assistance to Roberts. Consular staff do not offer legal advice or intervene in legal cases, citing privacy obligations. Roberts' return date to Australia remains uncertain.
Legal Landscape in Argentina
Surrogacy in Argentina, while seeing increased popularity, is largely unregulated and operates within a legal grey area. The Australian Smartraveller website advises that Argentine authorities may deem surrogacy arrangements illegal, which could potentially result in individuals being denied entry to Argentina if involved in such arrangements.
In April 2024, the city of Buenos Aires temporarily suspended the issuance of birth certificates for babies born through surrogacy, affecting intended parents with undocumented newborns.
Furthermore, in October 2024, Argentine prosecutors reported uncovering an alleged "criminal enterprise" involved in international surrogacy. This group was accused of charging foreign couples approximately $50,000 for babies, exploiting vulnerable women, denying payments for miscarriages, and "commercializing" babies.
Broader Context for Australians
Many Australians pursue international surrogacy due to domestic legal restrictions. In the last financial year, 369 children born through surrogacy became Australian citizens, an increase from 218 in 2021.
The United States, Georgia, Colombia, Mexico, and Argentina have been identified as top countries for these births. These international pathways frequently involve legal, financial, and emotional complexities.
Australian citizens have previously been involved in legal challenges related to international surrogacy, including accusations of human trafficking and forced surrogacy in Greece involving 169 surrogates in 2023.
Government Advice and Warnings
Foreign Minister Penny Wong has advised Australians considering international surrogacy to seek reliable, independent legal advice prior to proceeding, highlighting the legal uncertainties and risks.
Foreign Minister Penny Wong has advised Australians considering international surrogacy to seek reliable, independent legal advice prior to proceeding, highlighting the legal uncertainties and risks.
The Smartraveller website specifically advises those planning surrogacy in Argentina to seek comprehensive legal advice from an Argentine lawyer and notes that prolonged stays may be required. This particular advice regarding Argentina was not available on the Smartraveller website when Roberts finalized his legal advice and contracts in February 2023.
Australia's Domestic Surrogacy Framework
Australian law permits only altruistic surrogacy, which allows for the reimbursement of direct costs but prohibits commercial payments. The demand for domestic arrangements reportedly exceeds the supply.
Surrogacy lawyer Sarah Jefford stated that the lack of compensation for surrogates in Australia contributes to individuals seeking arrangements overseas, potentially placing them in vulnerable situations.
Surrogacy lawyer Sarah Jefford stated that the lack of compensation for surrogates in Australia contributes to individuals seeking arrangements overseas, potentially placing them in vulnerable situations.
Jefford, who has served as an altruistic surrogate, indicated that compensating surrogates could potentially increase participation in Australia, noting that other professionals involved in surrogacy are compensated.