title: [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].
abstract: A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.
authors.affiliation: Halitus Instituto Médico, Buenos Aires, Argentina. E-mail: fernanda.urquiza@halitus.com.
authors.forename: M Fernanda
authors.initials: MF
authors.lastname: Urquiza
authors.forename: Inés
authors.initials: I
authors.lastname: Carretero
authors.forename: Fabiana Marcela
authors.initials: FM
authors.lastname: Quaini
authors.forename: Florencia
authors.initials: F
authors.lastname: Inciarte
authors.forename: R Agustín
authors.initials: RA
authors.lastname: Pasqualini
authors.forename: R Sergio
authors.initials: RS
authors.lastname: Pasqualini
mesh_terms: D000328:Adult; D001118:Argentina; D003249:Constitution and Bylaws; D004624:Embryo Transfer; D005260:Female; D005307:Fertilization in Vitro / Q000331:legislation & jurisprudence*; D006801:Humans; D007086:Illegitimacy / Q000331:legislation & jurisprudence*; D011247:Pregnancy; D013533:Gestational Carriers / Q000331:legislation & jurisprudence*
keywords: assisted reproductive techniques; surrogate mother; surrogate motherhood