They were the first gay couple to have a child with a belly ready and the judge said that only one of them is the father – 11/26/2018

Ignacio Santalla and Leonardo Polti were the protagonists of the first case of surrogacy practiced entirely in the country. His son Juan Pablo was born in June 2015, but the couple still can not share the paternity of this baby that they had together thanks to a borrowed belly because the justice does not recognize one of them as a procreating father.

After badyzing different alternatives to be parents for four years (how to adopt in the country or abroad, or rent a belly in the United States or India), a friend of the couple finally volunteered to make the gestation of the embryo, which included a given egg.

Judge Mirta Agüero of the capital's family court, 81 had, in the first instance, authorized to issue a new birth certificate indicating that the boy was son of two parents. But now Chamber E of the Chamber has, however, rejected this opinion and has given rise to the appeal of a prosecutor, who only recognizes Santalla as a father and the woman who lent him the money. uterus to a mother. The judges, in their decision, rely on the fact that Juan Pablo, three years old, was born before the entry into force of the new Civil Code, which allows procreative parents to register their children, born in a borrowed belly, without judicial authorization.

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This brought the case of Juan Pablo to enter a gray area in the legal framework, since it was born under the old code, which allowed the prosecutor and the domestic to reject the application for double fatherhood.

"Because of this legal vacuum, what they propose is an integrative adoption, which means that Leonardo would only be an adoptive father. It does not correspond to anything in the world, because we are both procreative fathers. We both provide gametes for fertilization, "said Ignacio.

"It's an ideological failure. Equality of marriage puts in crisis the idea that the mother is the one who gives birth, said Clara Gelman, lawyer of the couple. The lawyer explained that since last year, a new regulation in the area of ​​the city of Buenos Aires authorized registration in the civil registry only with the prior consent of the co-breeder, these persons born using surrogate pregnancy techniques without the need to require, before or after authorization, a judge.

After the failure of the room, the couple try to bring the case to the Supreme Court. "This is done by an extraordinary appeal or a complaint presented to the Supreme Court counter in case the Chamber rejects the first appeal," he said. Clarin Fabiana Quaini, a lawyer specializing in family law, subrogation of uteruses and international divorces, advised the couple.

According to Quaini, "there are several failures that say surrogacy is one of the ways that two men can be dads". And he badured that the court could take several weeks to dictate a resolution and that, if the appeal did not prosper, he would wait for the decision of the court.

It is also possible that Juan Pablo has a brother in the future, which already plans Ignacio and Leonardo. "In this case, one would be the son of both, because he would be born with the new Code, and the other, only mine," Santalla said to emphasize the gray area in which lies the case of Juan Pablo.