Introduction: Surrogacy, understood as the act of carrying a pregnancy on behalf of another person, has expanded as an assisted reproductive technology. Its regulation varies widely: some countries permit it, while others prohibit it altogether. In Argentina, there is no specific legislation regulating surrogacy, leading to significant legal uncertainty. The objective of this work is to analyze the ethical, legal, clinical, and social aspects of surrogacy in Argentina, based on a literature review and the institutional experience of a private hospital in Buenos Aires City.
Materials and methods: A literature review and a descriptive analysis of the institutional experience in response to the increasing demand for surrogacy were conducted. Clinical care protocols, as well as legal and bioethical considerations, were evaluated.
Results: A steady increase in surrogacy cases was observed, including the arrival of families from various countries with differing laws and regulations. This prompted the development of specific institutional protocols, including prenatal interviews, informed consent procedures, psychological support, and newborn identification protocols. Clinical scenarios varied in complexity: some gestational carriers provided colostrum, others requested no contact with the newborn, some intended parents pursued induced lactation, and in certain cases, admission to neonatal intensive care units was required.
Discussion: Surrogacy raises multiple bioethical (autonomy, consent, commodification), legal (regulatory gaps, determination of parentage), and clinical (emotional impact, child neurodevelopment) dilemmas. The need for comprehensive legislation is emphasized -one that ensures altruistic practice, prohibits commercialization, guarantees rights, and fosters an intersectoral approach involving the State, judicial system, healthcare institutions, and civil society.
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