Giving birth in Argentina in 2026: your child's citizenship and the parents' status after Decree 366/2025

One of the most popular birth destinations for Russian-speaking families, examined honestly: what an Argentine birth certificate actually delivers, how Decree 366/2025 and the 2026 court rulings changed the rules for parents, how to budget for a private clinic, and where the law draws the line.

For several years running, Argentina has been one of the most popular choices for Russian-speaking families who travel abroad to give birth and secure a second citizenship for their child. The reasons are straightforward: visa-free entry for Russian citizens, unconditional birthright citizenship, a powerful passport, and a short constitutional minimum for naturalization - two years of residence. But in May 2025, President Milei's government signed Decree 366/2025, which explicitly labeled birth tourism an abuse of migration law and tightened the rules for adults. The child's rights were untouched, but for parents the grounds for residence, what counts towards residence time and access to public healthcare all changed. In 2026 the courts struck down the decree's citizenship provisions, and the naturalization procedure for parents is currently unsettled. Here is the full picture.

What the child gets: citizenship by birthright

Article 1 of Citizenship Law No. 346 has been in force since 1869: anyone born on Argentine soil is an Argentine citizen from birth. The parents' status is irrelevant - tourists, residents, even overstayers all get the same result. The single exception is children of foreign diplomats accredited in the country.

Crucially, Argentine law in force provides no way to lose citizenship acquired by birth - your child can collect five other passports and the Argentine one stays. Decree 366/2025 did not touch jus soli: changing it would require amending the constitution and the law, not signing an executive order. We cover the full procedure on our Argentina birth support page, and one family's firsthand account is in our 2025 personal-experience article.

The child's documents: birth certificate, DNI, passport

The sequence works like this:

• Birth certificate. The maternity hospital issues a medical certificate of birth, which parents use to register the child at the Registro Civil (in Buenos Aires, sometimes right at the hospital or a nearby office). Under Article 28 of Law 26.413 parents have 40 days from the birth to register; if they miss it, the Registro Civil may register the birth itself within the following 20 days.
• DNI (national ID). Applied for through RENAPER at registration or immediately after; RENAPER sets the production time for the plastic card.
• Passport. Issued by RENAPER against the DNI. Besides the regular passport, there is an express passport delivered within 96 business hours and a same-day passport at selected centers, both for a surcharge. RENAPER revises its fees regularly; allow several weeks after the birth for the child's full document package. Ask an expert about fees on your filing date.

For registration you will need the parents' passports and - to list both parents - an apostilled marriage certificate translated by an Argentine sworn translator (traductor público). Unmarried fathers can be listed by appearing in person and acknowledging paternity.

What parents get - and how Decree 366/2025 changed the rules

Until May 2025 the scheme was nearly automatic: an Argentine baby was born, the parents applied for permanent residency and received it. Decree 366/2025 changed that. Now:

• The child's birth is a ground for temporary residence for family reunification (Article 23(ñ) of Migration Law 25.871 as amended by the decree) for up to 3 years, renewable, with multiple entries. Applications are filed online through the RaDEx system, followed by an in-person appointment with the migration authority (DNM). The DNM's checklist includes criminal record certificates, proof of your real address and proof of lawful entry into the country (ingreso regular).
• Permanent residence (residencia permanente) under Article 22 as amended is granted only on proof of sufficient means to live in the country and a clean criminal record. Under DNM rules in 2026, nationals of non-Mercosur countries can switch to permanent residence by rootedness (arraigo) no earlier than after 3 years of temporary residence, having spent at least half of that time in the country. That is a minimum under the rules, not a promise of approval.
• While an application is pending, parents may receive residencia precaria for up to 90 days, renewable - a legal status, but the decree expressly states that time in precaria does not count towards permanent residence or naturalization. Time as a tourist does not count either.
• Long absences are risky: under Article 62 of Law 25.871 as amended, the DNM cancels temporary residence after 6 months or more outside the country, and permanent residence after a year or more, unless the migration authority authorized the absence.
• The DNM does not guarantee processing times: they depend on its workload and on how complete your file is.

If residency is a goal in itself, see our breakdown of Argentine residence permits and the general guide to residency options - there are other routes, from financially independent resident to rentista.

Naturalization for parents: the legal minimum and the court dispute

Article 20 of the constitution still provides for naturalization after two years of continuous residence - that is the legal minimum and one of the shortest in the world. But Decree 366/2025 rewrote the procedure in Law 346:

• you must have lived in the country continuously and legally for the two years immediately preceding the application, and the decree treats residence as continuous only if there was not a single trip abroad; time as a tourist and in residencia precaria does not count;
• under the decree the decision is made not by a federal court but by the National Migration Directorate (DNM), with applications filed through RaDEx since October 2025; the DNM requires a resident DNI, proof of lawful occupation or means of support, and a clean criminal record;
• in 2026 the courts disagreed: in June the Federal Civil and Commercial Court of Appeals held Articles 37-43 of the decree unconstitutional, and on 30 June the National Electoral Chamber declared the decree null (Yang case), because citizenship opens the door to voting and electoral matters cannot be regulated by decree; in August the federal court in Esquel followed suit;
• the government is appealing the Electoral Chamber ruling to the Supreme Court, and there is no final ruling in 2026. The DNM still formally describes the procedure under the decree, while courts are sending such cases back to federal judges.

The honest takeaway: parents can apply for citizenship no earlier than after two years of residence, but where to file, under which rules and how long a decision takes now depend on the individual case and on the eventual position of the Supreme Court or Congress. A realistic chance exists only with a genuine relocation, uninterrupted legal status, and provable income. Anyone serious should start with a consultation with Murblz specialists: they handle legal representation before the DNM and the courts together with partners licensed in Argentina. Full details are on our Argentine citizenship page.

How strong is the Argentine passport?

In 2026 the Argentine passport gives roughly 170 destinations visa-free or visa-on-arrival, including the entire Schengen Area, the United Kingdom, Japan, Israel, the UAE, and nearly all of Latin America. In the region only the Chilean passport ranks higher, with the Brazilian one at about the same level. To compare with other regional passports, browse our citizenship hub - the Paraguayan passport, for example, is noticeably weaker, although its legal minimum residence period for naturalization is also relatively short.

Dual citizenship is allowed. Argentina does not require renunciation of prior citizenships from children or naturalized adults. For the broader picture, see our article on dual citizenship in 2026.

Buenos Aires maternity clinics and budgeting for 2026

Public hospitals. After Decree 366/2025 the rules for foreigners are as follows: under Article 8 of Law 25.871, emergency care is provided to everyone regardless of migration status, permanent residents use public healthcare on equal terms with citizens, and at facilities run by the federal government other foreigners receive routine care only with health insurance or after paying. The payment procedure was set by Health Ministry Resolution 1066/2026, published on 11 August 2026: obstetric emergencies, including imminent delivery (parto inminente), are classed as emergencies, but once the patient is stabilized further services may be billed. Provinces and the City of Buenos Aires run their own hospitals: Salta, Jujuy, Mendoza and Santa Cruz started charging non-resident foreigners in 2024, and since March 2025 the City of Buenos Aires has billed foreigners without a DNI for scheduled care. That is why it makes sense to budget for the birth on the basis of a private clinic.

Private clinics are the standard choice for families who come to give birth. International families most often choose Otamendi, Suizo Argentina, Finochietto, Hospital Alemán, as well as Mater Dei and Sanatorio de la Trinidad. Clinics rarely publish price lists for childbirth, and the total is known only from a written estimate:

• check what the package includes: room, obstetrician, anesthesiologist, neonatologist, tests and newborn monitoring;
• ask separately for the price of a C-section and of neonatal intensive care - these change the total the most;
• check the currency and exchange rate for payment: prices are set in pesos and move with the exchange rate and inflation.

Figures of a few thousand dollars from 2022-2023 articles are no longer a useful benchmark: in dollar terms Argentina has become markedly more expensive since then, so build in a reserve for a C-section and complications. Insurance/prepaga plans (OSDE, Swiss Medical, and others) suit families relocating well in advance. Under Law 26.682, local prepagas may not impose waiting periods for services in the mandatory PMO program, which includes pregnancy and childbirth, but a contract usually requires a DNI and a local address, and terms for foreigners without residence differ - read the contract. Travel insurance policies used for entry usually do not cover a planned delivery. We do not sell medical services: you choose the clinic, and it contracts with you directly.

Practicalities: flights, documents, insurance

• Entry. Russian citizens enter visa-free for up to 90 days; an extension is possible through the DNM for a fee but is not guaranteed. Citizens of Belarus and Armenia are also visa-exempt (up to 90 days), Kazakhstan for up to 30 days, while citizens of Uzbekistan, Kyrgyzstan, Tajikistan and Azerbaijan need a visa. Ask an expert which rules apply to your passport. Pregnancy in itself is not grounds for refusal, but Decree 366/2025 requires a declaration of the purpose of the trip and of health insurance on entry, and border officers may refuse entry if they conclude that the stated purpose differs from the real one. State your purpose honestly, including the birth, and show funds, your real address, insurance and onward travel.
• When to fly. Agree the timing with your own obstetrician. Many families arrive at 30-34 weeks to have time to choose a doctor and clinic. After week 28, airlines require a fit-to-fly certificate (Turkish Airlines accepts one issued no more than 10 days before departure), most major carriers accept single pregnancies up to weeks 35-36 and multiple pregnancies up to week 32. There are no direct flights from Russia: routes run via Istanbul, the Gulf, or Europe, 20+ hours door to door - pack compression stockings and book extra-legroom seats.
• Documents to bring. An apostilled and translated marriage certificate (to register the father), parents' birth certificates if needed for later procedures, criminal record certificates for a future residence application, your prenatal records and test results (ideally with Spanish translations), and vaccination records. Genuine documents only.
• Living budget. A furnished short-term apartment in Buenos Aires runs roughly $700-1,500/month plus expenses; if the parents plan to apply for residence, plan for years in the country, not a few months. For neighborhoods and costs, see our Buenos Aires city guide. And mind the tax angle: a foreigner becomes an Argentine tax resident on obtaining permanent residence or after 12 months in the country - see our guide to Argentine taxes.

Where the law draws the line

Giving birth in Argentina is legal, and the child becomes a citizen regardless of the parents' status. The lawful path looks like this: enter under the rules in force, state the purpose of your trip honestly at the border, live at your real address, and file only genuine documents. Anything else carries consequences written directly into the migration law as amended by the decree:

• A false address or sham residence. Foreigners must report their real address, and a false address used to obtain a migration benefit is grounds for refusal, cancellation of residence however long it has been held, and expulsion (Articles 54 and 62).
• Forged certificates or documents. Refusal of entry with a ban of at least 5 years (Articles 29 and 35), cancellation of status and a criminal case.
• Concealing the purpose of the trip. Refusal of entry at the border (Article 35).
• Concealing a criminal record. Refusal and cancellation of status (Articles 29 and 62).

This is not theoretical. In 2023 federal judge María Servini handled the case of an agency that charged fees to bring pregnant Russian women to give birth in Argentina. According to investigators, clients filed documents with the DNM listing nonexistent addresses and forged proof-of-residence certificates, and several families gave the same Puerto Madero apartment as their address. The agency's owners, a translator and a lawyer were summoned for questioning on charges of false statements in documents, fraud and violations of migration law. We work strictly within the law: legal representation before the DNM and the courts is handled by Murblz specialists together with partners licensed in Argentina. If someone offers you a registered address at a friend's place or a residence certificate without actually moving, that is a direct path to refusal and a criminal case.

The honest downsides

• Decree 366/2025 and the court dispute. The main risk is the court dispute. Parents get temporary residence, permanent residence requires means and a clean record, time as a tourist and in precaria does not count, and the naturalization procedure is being fought over in court in 2026 with no final Supreme Court ruling.
• Prices. Inflation has cooled from its 2023-2024 peak, but in dollar terms Argentina is now one of the region's most expensive countries. The few-thousand-dollar birth budgets circulating in older articles are obsolete, and public hospitals increasingly bill foreigners without permanent residence for routine care.
• Queues and bureaucracy. DNM and Registro Civil appointments, stalled RaDEx applications, rescheduled turnos - build a time buffer into every stage.
• Distance. Twenty-plus hours of travel with connections is hard both late in pregnancy and with a newborn.

If these downsides outweigh the benefits for you, consider the alternatives: we have a fresh breakdown of giving birth in Uruguay and a broader guide on where to relocate in 2026.

Argentina vs Brazil vs Chile vs Uruguay

The table shows only legal minimums. Legal representation is handled by Murblz specialists together with locally licensed partners: licensed in Argentina, and registered with the OAB in Brazil. Detailed country guides: giving birth in Brazil, giving birth in Chile, giving birth in Uruguay. Choosing more broadly? See our big country-comparison piece on birth destinations.

Our services

FAQ