The Debate on the Regulation of Surrogacy in Argentina: Tensions and Alliances between the Defense of Human Rights and the Advancement of Reproductive Technologies

Abstract

This article focuses on analyzing the perspectives of civil society groups participating in the debate on the legal regulation of surrogacy  in Argentina. The main actors identified in the debate are LGBTIQ+ organizations, feminist groups, NGOs for patients/users of reproductive medicine, reproductive medicine centers, and the Catholic Church. Through in-depth interviews and documentary analysis of the actions and public statements of these groups, I will describe and analyze the arguments these actors use to position themselves both for and against this practice. The focus will be on their discourses regarding women's and LGBTIQ+ rights, bodily autonomy, the sociocultural reconfiguration of the concept of family(ies), and the utilization of technological advancements in assisted reproduction. These are understood as themes that are part of civil advocacy addressing women's and gender dissidents' issues. It is important to note that the different actors refer to these issues differently in their arguments, emphasizing some while dismissing others. This is a key characteristic of the ongoing debate on surrogacy, which condenses various discussions differentially addressed by these groups. Ultimately, the article will address how these actors mobilize various discursive and argumentative resources to capture the attention of the state, which is seen as the actor that must resolve the existing tensions between the human rights paradigm, the social consequences of technomedical advancements, and the bioethical dilemmas that arise.