Civil Law Professors in Argentina Reject Surrogacy and Same-Sex Parenting

[wardleld]

Civil Law Professors in Argentina Reject Surrogacy and Same-Sex Parenting

Post by wardleld Yesterday at 12:18 pm

The National Conference on Civil Law took place in San Miguel de Tucumán, Argentina, the 29th and 30th, September. Professor Ursuala C. Basset (a member of the ISFL Executive Coundil) was named Vice-President for the Commission Nº 6 on Family Law. In this Commission, Law Professors with a Chair on Civil Law or similar, were to vote on issues concerning the effects of the same sex marriage law in Argentina in Family Law. As noted in another section of the Developments Blog, they voted convincingly that same-sex marriage violates the Constitution of Argentina.

Concerning determination of parenthood, my proposal about the protection of the right to integrity and unity of the identity of the child (when it is possible, the unity of genetic, phenotypic and social aspects of the identity of the child should be preserved) was voted by unanimity of the professors. This would serve to argue against surrogate motherhood and assisted procreation with gametes by third parties.

On the other hand, Professor Basset proposed that any contract concerning aspects of the identity of the child should be forbidden, and this was voted by 42-3 votes. Again, against surrogate motherhood and assisted procreation.

Procreational will was considered not sufficient to found parenthood (32-17).

It was voted that a child could only have one mother and not two. (34-8).

And that any child born within lesbian marriages should be considered as born out of wedlock (because its father is not a part of that marriage). This proposition was made by Nicolás Laferriere and it was voted by 29-8 votes.

The National Congress on Civil Law is the most important juridical meeting in our Country and this was the XXIII time it was held.

Ursula Basset
ucbasset@gmail.com