The justice of the city of Buenos Aires ordered a social work to fully cover the assisted reproduction procedure, considering the expenses of the pregnant woman in solidarity.
The woman who will receive the treatment is a friend of the clients (the couple who want to expand their family), and she offered as a substitute to help them. The Obra Social of the City of Buenos Aires (ObSBA) must provide full coverage of the assisted reproduction technique.
The couple is made up of two men, so they cannot conceive by traditional or alternative methods. This procedure – that of a surrogate woman – is the only means by which they could realize their desire to form a family by providing their own male gametes.
The pregnant woman is a very close friend of the Amparistas, who offered her womb so that they could fulfill her wish, since they do not have the financial resources to access this technique. The egg donation (the donated egg) will come from the bank and the male gametes will be provided by one of them with embryo transfer to the body of the pregnant woman.
What the judge who ruled in favor of the incumbent parents said
The couple requested in the lawsuit the full coverage of the studies, medication and support therapies if required. Also including extraction, cryopreservation and everything necessary to achieve the pregnancy and birth of your future son or daughter. They also required reimbursement of drug expenses at the beginning of treatment prior to the claim.
Judge Patricia López Vergara of the Administrative and Tax Litigation Court No. 6 granted the precautionary measure presented by the principals, in which they requested full coverage of the assisted reproduction technique.
The magistrate stressed that these types of cases challenge those who must provide a solution to legal claims with a vision that contemplates social changes, such as new family compositions, hand in hand with what the current Civil and Commercial Code of the Nation (CCyCN) –law 26.994.
In the ruling in favor of the couple, the judge stressed: “Denying the benefits that the coverage of this gestational technique would represent, given this desire to be parents and procreate for this male couple is discrimination by virtue of sex.”
“The reproductive rights at stake deserve an urgent solution. The passage of time without access to assisted human reproduction techniques (HRT), affects the success rate of the treatments and a degradation in the psychophysical field of the couple that requests them “.
Social work coverage
The judge also mentioned that the social work “must assume the obligations settled. This law clearly obliges all agents that provide medical assistance services to incorporate comprehensive coverage of treatments as mandatory benefits, which are included within the Mandatory Medical Program (PMO).
This is a ruling that sets a precedent and contemplates the progress that society has had in terms of rights and equality in recent years.
It also makes it clear that proper legal and medical advice in a surrogacy case is essential to reach favorable responses. In those aspects where the law is not sufficiently clear, the Justice will determine the results.
If you need legal advice or have doubts about the scope and coverage of the medical systems in relation to surrogacy, do not hesitate to contact us.