http://www.pagina12.com.ar/diario/elpais/subnotas/190585-58400-2012-03-28.html
UNIQUE FAILURE IN LINE WITH THE DRAFT AMENDMENT TO THE CODE
Men who are parents
A marriage of males is brewing his son in a rented womb in India. A judge ordered the Civil Registry Argentina Buenos Aires to join the consulate of that country to the creature as Argentina and daughter of the two men.
By Mariana Carbajal
In a landmark ruling, Judge Buenos Aires in Administrative and Tax Liberatori Elena recognized the co-parenting of two men who have a child through a rented womb in India. The judgment-which agreed orders Página/12- marriage both partners are registered as parents of the child, formulated with the technique of in vitro fertilization, the egg donated by a young Canadian woman and sperm from one , carrying a pregnant woman from New Delhi. The birth, as reported by this newspaper when told the story of this couple, is scheduled for early July. "This ruling is part of the draft civil code promoted by President Cristina Fernandez de Kirchner, which regulates, among other aspects of pregnancy-specific recognition by substitution co-parenting procreational based on the will of the people. This will avoid situations of discrimination affecting the interests of the child, "said constitutional lawyer Pagina/12 Andres Gil Dominguez, who is gay marriage legal.
At the same time, is based on a decision issued earlier this month by the Secretary of Justice of the City, Javier Buján, whereby it ordered the Civil Registry of the City of Buenos Aires that "henceforth acknowledge and proceed enrollment of children / ace, whose parents happen to be of the same sex while respecting the terms of Law 26,618 (equal marriage), avoiding harmful or discriminatory add record, and equating the same without distinguishing between items of children / as, or references to sexual orientation of their parents / as ".
The judge did result Liberatori an appeal filed by the two dads: A. G., 35, and C. D. 40. For now prefer to keep their names confidential. 12 years ago are a couple, told this newspaper. A. G. works in a mobile entertainment company. C. D. is manager of laboratory operations in industrial processes. The problem faced is that India does not give citizenship to the creature concocted by rented womb, unlike what happens in the U.S., where children or children born by this procedure in this country have a U.S. passport. "We can not take the country unless the Argentine nationality give Argentina and say that the baby is our son," explained A. G.
India, in cases of stomach rented, issued a birth certificate which includes the name of the biological father and the child's name / a, and name of the mother surrogate mother provides the formula and is not granted Indian citizenship, Gil Dominguez said.
Prospective parents and I looked at the Foreign Ministry responded that the decision actually depended on the Civil Registration of Persons of the City of Buenos Aires, as the consular office in New Delhi functioned as a delegation from the dependence of Buenos Aires. Then appealed to the Civil Registry and said that the Consulate had the authority to record the birth certificate and give it an ID annotating the two as parents. Given this situation, they generated doubts about who had the power to make the process they need to get back from India to Argentina with his son or daughter, presented the amparo.
The judge based his decision to warn that the scenario posed "a situation of inequality and discrimination against couples made up of two men," since you can already enroll a child as a daughter or son of two mothers, who also resorted to assisted fertilization. "An issue not less that this case raises is that it is in play right to the identity of the unborn child," argued the magistrate. The appeal for protection "for the purpose of throwing bureaucratic problems at the time of birth of the child / to which might be prejudicial to their rights and force in the Republic of Argentina-by-case basis, if considered a stateless person," said Liberatori in resolution, which authorized the registration of Uma and son Tobias C. D. and A. G. The judge noted in his statement that "the most important element in determining the parentage of a child born by artificial insemination, as formal legal category, is the will or decision that being born, not only as final and efficient cause infungible (for that particular birth), but because other elements, biological (or genetic) may be replaced all.
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