Daddy and daddy: a friend gave them a stomach, they had a child and now they are trying to join the Supreme Court for the law to recognize them

Leonardo Polti e Ignacio Santalla are together for 12 years and they have a son, Juan Pabloof 3 and a half. With the sperm of one of them, anonymous ova and the selfless help of a friend who wanted to give substance to her desire to start a family, they became the first dads of "surrogacy " in the history of Argentina. But even if nothing forbids it, justice refuses to recognize them. Last Friday, they presented a "complaint resource" before the Supreme Court of Justice of the nation, his last chance of being "daddy and daddy".

Leonardo runs a cleaning company and Ignacio, her husband, is an accountant. These days, they are looking to win a tough battle, again one of the many that they have had to give since their arrival. 7 years They wanted to be parents. First, they thought about adopting in the country, but the egalitarian marriage was very recent, the cultural change was slow and they felt that, in practice, the priority would continue to have heterobadual couples. The "rent the bellies" in the United States, it was impossible for them to pay (it costs about $ 200,000), international adoption. But there were people who had the courage to help them, despite everything, to try to realize their dream in Argentina.

Last November Infobae He told the story of Leonardo and Ignacio, who, in addition to having them as protagonists, included the lawyer Fabiana Quaini, specialist of the subject, who was encouraged to go for the first "subrogation of the womb" in the country so that two men can be dads, the doctor Sergio Pasqualini, head of the fertility institute "Halitus" who promised to make this possible and a friend of the couple, Cintia, who lives in Mendoza, is married and is the mother of three girls, which put the body to challenge.

The June 4, 2015 they entered history by becoming the first homobadual marriage to be belly dads in Argentina. The approach that followed the birth of Juan Pablo was to challenge the act alleged against Cintia as a mother and Ignacio as a father. At that time, the new Civil and Commercial Code came into force, incorporating certain bureaucratic requirements, including: the consent was sealed by a notary.

The judge Mirta Aguero, court 81 of the family of the capital, after meeting all parties, Leonardo, Ignacio, Cintia, first allowed to create a new record in which he said that Juan Pablo was the son of two parents. But a prosecutor, who did not go to court, appealed the decision and, nine months later, room E of the capital's even, distorting the fate of the family.

Now, the couple represented by Quaini decide that the Supreme Court of Justice of the nation intervenes, but this request was rejected by the House last Thursday. February 28. On Friday, they presented a "complaint resource", the last opportunity they have to stand before the law at the parents of Juan Pablo. Otherwise, one of them must appear as an adopter.

"Anxiety, anger, it's because we are not hurting anyone, because Juan Pablo is a super happy baby and that it does not fit," said Leonardo in a dialogue with Infobae after rejection and aware that the next justice response could seal the fate of his family. "If all the cases were settled otherwise, I would close my mouth, but it's not like that, they discriminate Juan Pablo, a new Civil Code was created so that it does not happen," he said. He underlines.

Although the Chamber's argumentation consists of several points, one especially for Leonardo and Ignacio, has borders "Homophobic": "The recognition of the equality of marriage allows, through the techniques of badisted procreation, Two women have access to marital affiliation with regard to a child born to one of them. The system put in place by the new civil code do not grant the same right to two men to be the parents of a child to be conceived by another person ".

Although they had followed psychological therapy to make it clear that Cintia was going to be the bearer and not the mother, they signed a written consent, the sole purpose of which was to make the process more transparent, for justice Babies born of badisted procreation techniques are the children of those who gave birth.

"We are talking about the identity of a child, there is currently a regulation that says you can register without it being necessary to resort to court proceedings." In the same case, a father and a mother can write their son, but Juan Pablo we can not, "insisted Leo, who recently promoted a campaign on social networks after the hashtag #Juanpablotienedospapas and published a long letter on his Facebook account.

"I believe that they punish us to be the first case and to be two men, "said Juan Pablo's father, awaiting the decision of the court. "If the court does not take it, there is no other chance for life"he remarked. If this is favorable for the parents, we will also have to wait for the high court to decide whether to treat the case or not.

According to the unfinished novel Franz Kafka The Process, published after the death of the Czech writer in 1925, an article entitled "Before the law". A metaphor in which a peasant (representing an ordinary man), tries throughout his life to cross the gates of La Ley, accompanied by a guardian (lawyers, judges, rules and laws) who keeps the same. access and who, He says, he will never let him in.

Kafka, who was not only a good writer, but also a good lawyer, put his story of the peasant and the tutor into play, a dilemma of law that is constantly renewed. The same crossroads as nine years ago were highlighted in the discussion on equality of marriage: when laws begin to be out of touch with the lives and aspirations of the people who must respect them.

About the end of the conversation with InfobaeAs he does in the last paragraph of the letter that he shared on Facebook, Leo refers to "tutors" who have in their hands a decision that, for him and his family, will be final: think differently He There are different ways of looking at life, but they are judges. "