Sunday , April 2 2023

They had a son thanks to a friend who jsellhom their womb: The tiċħduhom justice as parents


Leonardo POLTI and her husband, Ignacio Santalla, decided to become parents about six years ago. They succeeded thanks to their friend who offered to "give their nails". The boy named Juan Pablo, born three and a half years ago, m & # 39; has no genetic link to it, since it used the semen & # 39; one parent and donated eggs.

Nevertheless, the Court considers that those born from & # 39; assisted reproductive techniques are in fact children & # 39; what birth, f & # 39; in this case, a friend of the couple.

The story was released from Infobae. In communication with & # 39; that newspaper, Leonardo said: "we have been together for 12 years and always had the illusion that we build our own family."

"We started six years ago, the law & # 39; equal marriage recently existed," he added. F & # 39; at that time, had to enroll in the registry but gave adoption by the priority continued to be for heterosexual couples. They are also thinking about international adoption but high costs & # 39; travel to the Ukraine, to India or Poland made to the set.

That abdominal rib in the United States was also excluded, since to do so in & # 39; that country cost about 200,000 dollars. "Then I asked:" Why not in Argentina? "" Leonardo added. In 2012, there was a legal vacuum on the subject. "It was forbidden and everything that is not forbidden is allowed," he said. Until then, no couple & # 39; men in the country had a child with & # 39; this way.

When the corresponding sought legal advice, remained only to find a woman who agreed with & # 39; altruwikku way with the father of the child / their daughter.

A friend of the couple said Cintia was what helped materialize the dream. "Guys, I am the person you are looking for," he said.

Leonardo and Ignacio with & # 39; his son Juan Pablo (Infobae).

The first step was to do counseling to confirm that it would be a carrier and not the mother. Also, both parties signed the agreement. "All intuitive: there was a legal vacuum so there was no specific need, all we wanted to give the process as much as & # 39; is transparency," added Leonardo.

The child was born on 4 & # 39; June 2015 from a legal, what they had to do was to have challenged the birth certificate where Cintia was listed as a mother and a father Ignacio. The problem was that at & # 39; August 2015, the new Civil Code and Commercial entered into force. The womb rent not regulated but bureaucratic requirements have been added, including the agreement was sealed by a notary. And this couple was.

MIRTA Agüero Judge, Court 81 Family Capital, designated the couple to discuss their case. The judge explained the situation and authorized to make new birth certificate stating that the child was a child & # 39; both parents.

But the resolution was appealed by a prosecutor who did not attend the hearing. In nine & # 39; months, the Chamber E of the Appeals Chamber also called Capital. In logic, one of the points is considered "homophobic" by the child's parents: "Recognition & # 39; equal marriage allows, through & # 39; techniques & # 39; assisted reproduction, two women have access to matrimonial filiation with respect to & # 39; born by them. the system implemented by the new Civil Code does not give the same right to two men who have parents & # 39; child conceive of another person ".

Under Article 562 of the Code, "born with techniques & # 39; assisted human reproduction are children & # 39; those giving birth and & # 39; man or woman who also gave their prior consent ". This indicates that currently exists father as a father, should adopt. "It's very strange way to protect the child's best interests. (…) F & # 39; this event & # 39; Juan Pablo, a & # 39; 3 and a half years, the m & # 39; Mom has but two dice "

"It's crazy," she Leonardo, "to the law, f & # 39; this time no one, the more the man & # 39; father." Is made when adopting integrative put yourself in & # 39; relationship & # 39; someone who already has a son and you're ready to adopt it, this was not the case, we dreamed the two Juan Pablo, "continued Leonardo. The next step is to submit an extraordinary appeal to the Supreme Court.

The play of bureaucratic & # 39; m this couple & # 39; has that from October 2017 to decide to have children through & # 39; this route. Since then, a provision allowing those born through & # 39; & # 39 techniques; "Joint gestation" recorded without having to seek judicial, explains Infobae.

The paperwork that affects Leonardo and Ignacio begins and ends at & # 39; data: done everything before the entry into force of the Civil Code new, and therefore the consent signed does not have the seal & # 39; notary.

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