The two Italian men stopped at Buenos Aires airport last Friday, as they were about to return to Italy with a baby girl born through surrogacy, after contacting the woman, the child’s natural mother, through a Facebook group. She herself, a 28-year-old native of Rosario, would have told it to the police, reporting that the two offered her 10 million pesos (a little over 9 thousand euros). La Nacion reports it, stating that the woman said she needed money.
The Argentine justice system itself has elements to support that the woman did because of a terrible economic situation: the documents say that she does not have a job, has not finished school and is raising a child alone. It turns out that she had already sold her eggs for money at the age of 18, like other girls in her neighborhood. “He is in a very vulnerable situation,” confirmed an official familiar with the situation.
The couple, again according to the woman’s story, signed a series of documents that she did not fully understand. She said that the two Italians paid her the 10 million after six months of pregnancy, which she needed to build a room in her mother’s house, but then she realized that what she received was not enough.
The case erupted in a country that does not yet have a law on housewives, but where a recent ruling by the Supreme Court does not recognize the parent-child bond in the case of pregnancy for others. At the moment, there is no formal charge against the two Italians, who received custody of the little girl on a promise not to leave the country.
It is not yet clear what the crime is, or who the criminals are, although the attention of the investigators is focusing on the intermediaries who, according to the woman’s story, took care of the clinical tests and treatments and a doctor insurance out for about a year, to rent an apartment for her in the wealthy neighborhood of Recoleta, in the capital of Argentina, until the date of birth. The little girl was born on October 10 in the maternity ward of the Swiss-Argentine clinic in the capital.
Friday was the third attempt by the couple to leave with the little girl, reports La Nacion. According to the reconstruction of the daily newspaper, an alarm clock was activated on Wednesday by the immigration service after a young woman showed up with an Italian man at the Aeroparque, one of the airports in Buenos Aires, saying that she wanted to give him permission travel. alone with their daughter. The immigration authorities noticed that the mother was far away from the newborn and that there was also a long distance with the man who appeared as her companion. That day they left without completing the procedure, but the next day, that is Thursday, they made another attempt at Ezeiza airport: the documents were in order because both were shown as the child’s parents, but the woman was domiciled in Rosario and the man. , who lives in Italy, had only booked one previous trip to Argentina, in August 2023, which made it unlikely that the couple would be a natural fit.
So the immigration service contacted the Federal Court number 1 of Lomas de Zamora, which is responsible for the airport, and made a complaint. Also according to what La Nacion reports, the judge Federico Villena sent the case to the prosecutor Sergio Mola, who requested the opening of a criminal investigation for 3 possible crimes: trafficking persons, sale of children or appropriation of minors. “In any case, at the time, nothing prevented the people who were registered as the child’s parents from appearing before a notary to authorize the departure of the man with the child”, emphasizes the newspaper , saying however that they chose a different path: they decided to make another attempt to leave for Europe, this time with four of them, that is, including the woman.
In Italy, surrogacy became a universal crime on October 16 and the law punishes Italian couples who take advantage of this practice to have a child, even if they do so abroad.
Interview between Time.news Editor and Surrogacy Law Expert
Time.news Editor: Welcome, Dr. Elena Rossi, an expert on reproductive rights and surrogacy laws. Thank you for joining us today to discuss a troubling case that recently unfolded in Argentina involving two Italian men and a child born through surrogacy.
Dr. Rossi: Thank you for having me. This case raises many ethical and legal questions that are crucial to explore.
Editor: Let’s begin with the basics. Can you summarize what happened at Buenos Aires airport?
Dr. Rossi: Certainly. Two Italian men were intercepted at the airport while attempting to leave Argentina with a baby girl born through surrogacy. The child’s mother, a 28-year-old woman from Rosario, reported that she was offered 10 million pesos—approximately 9,000 euros—for the surrogacy arrangement. However, it appears she may have misunderstood the situation and was in a financially vulnerable position, which complicates the ethical dimensions of the case.
Editor: The mother claims she didn’t fully understand the documents she signed. How common is this in surrogacy arrangements, especially in countries with less robust regulations?
Dr. Rossi: It’s unfortunately quite common in regions where the legal framework around surrogacy is weak or nonexistent. Vulnerable women, like the one in this case, might not grasp the implications of the agreements they sign, often due to financial desperation. This highlights the need for clear regulations and safeguards to ensure that surrogate mothers are fully informed and protected.
Editor: The article mentions that the Italian couple had made multiple attempts to leave Argentina with the child. What implications does this have for the legal situation surrounding the child’s custody?
Dr. Rossi: Each attempt raises significant legal concerns. Surrogacy laws vary widely by country; without a recognized legal framework in Argentina that explicitly acknowledges surrogacy, the legitimacy of the custody arrangement is questionable. This becomes even more complex given the woman’s claims about not fully understanding the process and the possibility of coercion due to her economic situation.
Editor: What gender and economic factors seem to be at play in this case?
Dr. Rossi: This situation embodies the intersection of gender and economic inequality. The mother’s financial struggles led her to consider surrogacy as a means to make ends meet, which illustrates how economic vulnerability can motivate decisions that might not be in one’s best interest. Moreover, this case reveals how women—particularly those from marginalized communities—can become targets for exploitative practices in the surrogacy industry.
Editor: As this case unfolds, what could be the possible legal ramifications for the Italian couple and the intermediaries involved?
Dr. Rossi: At this stage, the Italian couple has not faced formal charges, but the investigation is focusing on intermediaries who facilitated the arrangement. Depending on the evidence collected, they could face legal action for coercing or exploiting the mother. Furthermore, this case could prompt legal reforms in Argentina regarding surrogacy practices, increasing oversight of such arrangements.
Editor: Given Argentina’s current lack of specific surrogacy laws, what changes do you believe are necessary to protect all parties involved?
Dr. Rossi: Argentina needs to establish comprehensive surrogacy laws that protect surrogate mothers’ rights, ensure informed consent, and outline the responsibilities of intended parents. Additionally, regulations should provide support to vulnerable women, ensuring they have access to legal and financial resources. Setting up clear legal standards can help prevent exploitation and create a safer environment for everyone involved.
Editor: Thank you, Dr. Rossi. This case certainly sheds light on the urgent need for legal reforms in surrogacy practices. Your insights are invaluable in understanding the complexities surrounding this sensitive issue.
Dr. Rossi: Thank you for having me. I hope this discussion encourages more awareness and action towards building a fairer surrogacy framework in Argentina and beyond.
