Laws

ARGENTINA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Civil Unions
  Custody of Children
Discrimination
Estates, Wills
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance, Succession
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

The age of consent for sexual activity is obtained [at] fifteen (15) years.


Edad de consentimiento para actividad sexual

La edad de consentimiento para actividad sexual se obtiene a los quince (15) años [R1.1].

R1.1 Interpol: Sexual Offences Against Children Spring 06
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
See also: [PARENTING]
1.

National

On 05 June 2013, the lower house of congress voted 203-1 to approve a law, which applies to private medical plans as well as the public health care system. Health care providers must now provide fertility treatments to anyone older than 18 who wants them, be they married or single, gay or straight [R1.1].

R1.1 EdgeOnTheNet: Argentina Requires HMOs to Fund Fertility Efforts 06 JUN 13
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

National

On 11 December 1998, the Partnership Project for the legalization of the Civil Unions for same-sex couples was introduced into the Chamber of Deputies by Deputy Laura Musa.

It was registered in the Entrance Board under the number 7816-98, and published in the Parliamentary Bulletin 196/98. The claim for the transcription and status of Parliamentary consideration was carried out by Deputy Margarita Rosa Stolbizer on March 23rd 2000, registration code D-1158-00, published in Parliamentary Bulletin 18/2000.

Since 06 April 2000, the Project has been awaiting consideration by the General Legislative Commission of the National Chamber of Deputies [R1.3].

In February 1998, four Argentinian labour unions for teachers, commerce employees, executives and air-transport personnel extended National Security System medical benefits to employee's same-sex partners. The unions and the system operate jointly in the health-care arena [R1.2].

In June 1997, Argentina reportedly had extended widow/widower pensions to surviving partners of same-sex couples [R1.1].

2.

Provinces

In July 2003, civil unions between same-sex couples will be legally recognised in the Buenos Aires city area and Río Negro province [R2.3].

The laws permit gay couples to share social security services, claim leave when a partner is sick, and enter into agreements - such as buying a house - as if they were married. The laws do not permit same-sex marriages or child adoption. Nor do they establish inheritance rights unless a prior agreement has been formalized. These three aspects were not considered because they are included in the national Civil Code [R2.2].

In November 2002, Expediente D 2225/02-03, was submitted by MP Hebe Febles to the Buenos Aires Province Legislature, which would create the category of "civil union", defined as the "free union of two individuals who live together in a public and stable relationship, analogous to marriage, irregardless of their sex or sexual orientation" [R2.1].

3.

Cities & Towns

In December 2002, the Buenos Aires city legislature passed a law extending same-sex couples the same health, insurance and visitation rights given to married spouses (excluding adoption, inheritance or pension rights). The law recognizes the civil union of same-sex couples but does not term the union a marriage [R3.4].

Couples may also jointly apply for loans and assume the responsibilities of the primary caregiver in case of illness [R3.3].

In order to enter into a Civil Union, both parties must be 21 or older, with legal addresses in Buenos Aires City for at least two years; if they have no children, they must prove that they have lived together for at least two years (by presenting two to five witnesses) [R3.2].

The law came into effect on 14 July 2003 [R2.3].

In January 2008, it was reported that the city of Villa Carlos Paz recognized same-sex civil unions [R3.1].

4.

Courts & Tribunals

On 28 June 2011, the Supreme Court reportedly agreed to study a request for legal protection filed by a Mr. P (his identity remained confidential), and acknowledged his right to pension benefits after the death of his long time partner in 1996 [R4.2].

In October 1998, Judge Graciela Mastracusa, in western Mendoza province, ruled that a same-sex couple, who have been together for four years, should receive the same social benefits as those enjoyed by partners in a heterosexual marriage - welfare payments, workers' compensation and a pension upon the death of one of the partners [R4.1].

R1.3 IGLHRC: Support Partnership Project for the Legalization of Civil Unions for Same-Sex Couples 10 AUG 01
R1.2 Capital Q: Unions Offer Benefits 06 FEB 98
R1.1 Capital Q: Argentine Couples Win Rights 13 JUN 97
R2.3 Melbourne Community Voice: Same-sex Unions Allowed 18 JUL 03
R2.2 Latin America Press: Argentina: Gay Rights Landmark 18 MAR 03
R2.1 IGLHRC Alert: Support Civil Unions Bill in Buenos Aires Province 21 NOV 02
R3.4 Associated Press: Buenos Aires Legalizes Same-Sex Unions 13 DEC 02
R3.3 Washington Post: Using New Law, Buenos Aires Men Celebrate Civil Union 19 JUL 03
R3.2 IGLHRC: Civil Union Proposals Passed in Rio Negro Province and Buenos Aires City 19 DEC 02
R3.1 MCV: Welcome to Uruguay 03 JAN 08
R4.2 Buenos Aires Herald: Supreme Court rules in favour of pension benefits for same-sex couples 28 JUN 11
R4.1 Miami Herald: Equal Rights in South America 24 OCT 98
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

Cities & Towns

The Buenos Aires City Constitution states that:

"Every person has identical dignity and all are equal before the law. The right to be different is recognized and guaranteed. No discrimination that tends to segregate people based on or under the pretext of race, ethnicity, gender, sexual orientation, age, religion, ideology, opinion, nationality, physical features, psychophysical, social, economical condition will be acceptable." [R1.6].

In October 1998, it was reported that gay bars were raided twice [R1.5].

In January 1997, it was reported that Buenos Aires police were ignoring changes in the law aimed at stopping the harassment and arbitrary arrest of gay men, transvestites and prostitutes [R1.4].

In October 1996, Police launched an attack on gays and tranys after the passing of a new law which abolished the "Police Edicts" under which they have long been permitted to arrest people at whim [R1.3].


In 1996, the City of Rosario had reportedly banned discrimination on sexual orientation [R1.2]. However, government authorities continued persecution of the gay, lesbian, bisexual and transgender population [R1.1].

R1.6 IGLHRC: Act Now to Support the Right of Transgender People to Education 31 OCT 02
R1.5 IGLHRC: IGLHRC Celebrates the 50th anniversary of the UDHR 10 DEC 98
R1.4 Melbourne Star Observer: Buenos Aires Police Ignore New Laws 17 JAN 97
R1.3 Capital Q: Argentine Police Raid Bar 11 OCT 96
R1.2 Melbourne Star Observer: Argentine City Bans Bias 25 JAN 97
R1.1 IGLHRC: The International Gay and Lesbian Human Rights Commission (IGLHRC) 1997 Year in Review
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

National

In August 2008, the Argentinian government granted same sex couples the right to claim their deceased partners' pension [R1.2].

In June 1997, Argentinian gay and lesbian couples who live together for five years could claim a widow or widower's pension when their lover dies [R1.1].

R1.2 PinkNews.co.uk: Widowed Gays Win Rights in Argentina 19 AUG 08
R1.1 Capital Q: Argentine Couples Win Rights 13 JUN 97
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 27 September 2013, authorities in the Argentinian province of Buenos Aires reportedly administratively approved an official gender change on documents for a boy born in 2007 and identifying as a girl. The decision based on the gender identity law passed in 2012 [R1.7].

On 04 June 2012, Argentina's groundbreaking gender-identity law, which enables people to change their names and sexes on official documents without first getting approval from a judge or doctor came into effect [R1.6].

On 09 May 2012, Senators approved the Gender Identity law by a vote of 55 to zero with one abstention and more than a dozen senators declaring themselves absent, enabling adults to change their gender without having to go to court for a judge's approval and making sex-change surgery or hormone therapy available as part of their public or private health care plans. President Cristina Fernandez is expected to sign the measure into law so that it will take effect upon publication in the next official government bulletin [R1.5].

On 18 August 2011 the Argentinian congress began the debates for a proposed gender identity law. If passed, this law would allow transgender people to correct their names and gender on all legal documents, including birth certificates, IDs and passports through a quick procedure [R1.4].

In February 2011, reportedly some 50 transsexuals in Argentina who have had sex reassignment surgery over the last few decades have obtained documents reflecting their new identities after lengthy legal battles, although no law has been passed yet to guarantee that right [R1.3].

In September 2003, the Argentine transvestite-transsexual organization ALITT (Association for the Fight for Transvestite-Transsexual Identity) was denied governmental registration [R1.2]

In June 2001 and 2002, transgenders were reportedly subject to arbitrary police action and prolonged detention [R1.1].

2.

Courts & Tribunals

In February 2011, it was reported that three trans people (Paula Sosa, Florencia Trinidad, Marcela Romero) who brought legal action achieved a legal name and gender change on their documents, without the need to undergo sex change surgery or extensive medical and psychological testing, as required in the past [R1.3].

R1.7 BBC News: Argentine child allowed sex change on official documents 27 SEP 13
R1.6 Newsday: Argentina's gender ID law takes effect 04 JUN 12
R1.5 Newsday: Argentina makes sex-change surgery a legal right 09 MAY 12
R1.4 The Guardian: Argentina's big step towards true sexual equality 02 SEP 11
R1.3 IPS News: Progress in the Fight for Gender Identity 11 FEB 11
R1.2 blaze: Trannies Denied Registration 24 OCT 03
R1.1 IGLHRC: Transgender Person Subjected to Indefinate Detention 01 JUN 01
IGLHRC: Transvestite Human Rights Defenders Injured by Police 18 JUN 02

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HIV Aids Legislation/Cases/References
1.

National

In 1996, the Government issued decrees requiring HIV testing of current and future members of the armed forces and all security forces, including the Federal Police and Coast Guard. Several provincial police forces have adopted similar policies, as have federal agencies (such as the Finance Ministry) and private corporations [R1.1].

R1.1 IGLHRC: Compulsory HIV Testing in Argentina AUG 96
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In 1887, consensual sex between same-sex couples was reportedly decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Marriage Legislation/Cases/References
1.

National

On 12 October 2011, in a 32–24 vote, the biannual National Symposium on Civil Law (Jornadas Nacionales de Derecho Civil) commission assigned to the topic of homosexual “marriage” rejected Argentina's Law 26.618 as unconstitutional. The attorneys also voted 22–8 to recommend that the law be replaced with a civil unions measure and rejected adoption of children by homosexual couples in an overwhelming 26–11 committee vote [R1.7].

On 21 July 2010, President Cristina Fernandez de Kirchner signed into law South America's first same-sex marriage bill [L1.6], [R1.5].

On 15 July 2010, the Senate voted 33–27, with 3 abstentions to approve a law granting gays and lesbians all the legal rights, responsibilities and protections that marriage brings to heterosexual couples. The law comes into effect as soon as it is published in the official bulletin. [R1.4].

On 05 May 2010, the lower house of Argentina's congress approved a bill legalizing same-sex marriage. The bill now moves to the senate [R1.3].

On 09 April 2010, Norma Castillo and Ramona Arevalo became the first lesbian couple in Argentina to be married by Judge Elena Liberatori [R1.2].

On 28 December 2009, José María Di Bello and Alex Freyre became the first gay couple in Latin America to marry in a ceremony witnessed by state and federal officials in Ushuaia, the capital of Argentina’s Tierra del Fuego state [R1.1].

2.

Provinces

Buenos Aires province and Rosario in Santa Fe province allow foreign same sex marriages [R3.2].

3.

Cities & Towns

On 18 May 2012, it was reported that – According to Resolution 99/2012 of the Undersecretary of Justice of the City, the Buenos Aires Registrar shall, after satisfying the 5 days of the publication of the rule in the Official Gazette “support in the context of marriage applications , without any discrimination or difference in respect of any applicant, requests for foreign residents in terms of their legal status established by Articles 20 and 24 of Law No. 25,871”. Foreigners wishing to get married in the City will need a certified copy of their passports, which will have to indicate temporary Buenos Aires address and length of the stay [R3.2].

On 03 April 2012, City lawmaker María Rachid introduced a draft bill in the Legislature looking to allow foreign gay couples to marry in Buenos Aires without the need of a local address [R3.1].

4.

Courts & Tribunals

On 19 April 2010, the annulled marriage of Norma Castillo and Ramona Arevalo was un-annulled when Administrative Judge Elena Liberatori confirmed the validity of same-sex marriages [R4.7].

On 16 April 2010, Judge Martha Gomez Alsina decided to annul the marriage between Norma Castillo and Uruguay's Ramona Arevalo, granting a petition by a Catholic attorney to declare the union "non-existent" [R4.6].

Earlier the same week, Judge Marcos Meillien declared "nonexistent" last year's union of Alex Freyre and Jose Maria di Bello [R4.6].

In March 2009, Judge Felix Gustavo de Igarzabal of Buenos Aires ruled that marriage is defined by being between a man and a woman – and since Damian Bernath and Jorge Salazar were both men, no marriage took place [R4.5].

In February 2010, Judge Elena Liberatori gave a second unnamed gay male couple [Damian Bernath and Jorge Salazar] permission to get married, ruling that the Buenos Aires men were exercising their rights [R4.4].

On 04 December 2009, pending the decision of the Supreme Court in the matter, City Judge Gabriela Seijas declined the application of Alex Freyre and José María Di Bello seeking an order that the City Mayor Mauricio Macri be fined for failing to comply with a ruling requesting him to authorize their wedding [R4.3].

On 30 November 2009, Judge Marta Gomez Alsina, in Buenos Aires, ruled that the planned wedding between Alex Freyre and José María Di Bello be suspended until the case could be reviewed by the supreme court [R4.2].

Previously:

In November 2009, Judge Gabriela Seijas in Buenos Aires ruled that Alex Freyre and José María Di Bello may marry, a decision that could advance a marriage equality bill stalled in the congress. Buenos Aires Mayor Mauricio Macri said that the city government would not move to overturn the ruling [R4.1].

R1.7 LifeSiteNews: National gathering of Argentinean attorneys rejects homosexual ‘marriage’ as unconstitutional 12 OCT 11
L1.6 Matrimonio Civil Ley 26.618 (in Spanish)
Civil Marriage Law 26.618 (in English: Google Translate) PDF 56.05kb
R1.5 The Advocate: Marriage Bill Signed in Buenos Aires 21 JUL 10
R1.4 365Gay.com: Argentina legalizes gay marriage in historic vote 15 JUL 10
R1.3 The Advocate: Argentina’s Lower House OKs Marriage Bill 05 MAY 10
R1.2 The Advocate: First Lesbian Couple Marries in Argentina 12 APR 10
R1.1 PinkNews.co.uk: Gay couple become first in Latin America to marry 29 DEC 09
R3.2 MercoPress: Buenos Aires open city for marriages of opposite of same sex partners 18 MAY 12
R3.1 Buenos Aires Herald: Legislature to review bill allowing gay foreign couples to marry in Buenos Aires 03 APR 12
R4.7 PinkPaper.com: Argentina experiences marriage chaos in anullment row 26 APR 10
Seattle Gay News: Legal drama in Argentina - Lesbian marriage annulled, then un-annulled 23 APR 10
R4.6 Latin American Herald Tribune: Another Same-Sex Marriage Nullified in Argentina 17 APR 10
R4.5 365Gay.com: Argentina annuls marriage of gay couple 11 MAR 10
R4.4 PinkNews.co.uk: Second gay couple in Argentina permitted to marry 24 FEB 10
R4.3 Buenos Aires Herald: Gay couple request Macri be fined for disobeying court ruling 04 DEC 09
R4.2 The Advocate: Argentine Judge Halts Gay Marriage 30 NOV 09
R4.1 The Advocate: Argentine Judge Rules for Gay Marriage 13 NOV 09
Military Legislation/Cases/References
See also: [HIV / Aids]
1.

National

In March 2009, members of Argentina's armed forces will be tried by civil courts rather than military tribunals, under a new rule – part of a government effort to increase control over the military. The measure also means troops are no longer subject to the death penalty and cannot be imprisoned for engaging in homosexual acts. [R1.2].

In August 1999, Gen. Martín Balza, who was to retire as the commander of the army in December, reportedly suggested that the military code should be amended so that military personnel found to be homosexuals would no longer face prison sentences of up to six years [R1.1].

R1.2 365gay.com: Argentina officially ends trials for homosexual acts in military 02 MAR 09
R1.1 New York Times: Amend Code to Allow Gay Soldiers 25 AUG 99
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 31 July 2012, Carlos Grinblat, 41, and Alejandro Dermgered, 35, were officially registered at the Buenos Aires Civil Registry Office as the co-parents of their son, Tobias, a one-month-old born to a surrogate mother in India, marking the first time a gay male couple anywhere has registered a child without a court order [R1.4].

On 21 July 2010, President Cristina Fernandez de Kirchner signed into law South America's first same-sex marriage bill [R1.3].

The law grants gays and lesbians all the legal rights, responsibilities and protections that marriage brings to heterosexual couples. The law comes into effect as soon as it is published in the official bulletin. [R1.2].

Previously:

Same-sex couples could not lawfully adopt children [R1.1].

R1.4 HeraldSun: Gay couple register child without court order AR 01 AUG
R1.3 The Advocate: Marriage Bill Signed in Buenos Aires 21 JUL 10
R1.2 365Gay.com: Argentina legalizes gay marriage in historic vote 15 JUL 10
R1.1 Melbourne Community Voice: Same-sex Unions Allowed 18 JUL 03

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