Giving birth in Argentina: the pros and cons after Decree 366/2025

More and more expectant parents are exploring the option of giving birth abroad. Argentina - a country with well-developed private healthcare and visa-free entry for Russian citizens - has become one of the most popular destinations. But like any major decision, having a baby here comes with its own advantages and drawbacks, and since 2025 the rules for parents have been noticeably stricter. Let's look at both.

The upsides of giving birth in Argentina

Citizenship for the child

A child born on Argentine soil is an Argentine citizen from birth, whatever the parents' status (Article 1 of Citizenship Law No. 346); the only exception is the children of accredited foreign diplomats. Decree 366/2025 did not change birthright citizenship. The Argentine passport is one of the stronger passports in the world, which brings:

• Visa-free or visa-on-arrival access to around 170 destinations, including the Schengen Area, the United Kingdom, Japan and others.
• The right to live, study and work in Argentina without visas or residence permits.
• Access to the healthcare system on the same terms as other citizens: the restrictions introduced by Decree 366/2025 apply only to foreigners.
• Argentina is on the list of US treaty countries for the E-2 investor visa, although in 2026 Argentine citizens still need a visa to visit the US. Some Argentine citizens can fly to Canada with an electronic travel authorization (eTA) instead of a visa if they meet the conditions.
• No compulsory conscription: military service in Argentina has been voluntary since the mid-1990s.

Tax consequences depend on where the family lives and where it is tax resident: see our guide to Argentine taxes.

A short legal minimum for the parents' naturalization

Parents do not get an immediate right to citizenship. Article 20 of the Argentine Constitution provides for naturalization after two years of continuous residence - this is the legal minimum and one of the shortest in the world. But the parents first have to settle in Argentina legally and obtain residency.

What Decree 366/2025 changed

Until recently, having a child in Argentina opened an almost automatic path to permanent residency for the parents. Decree 366/2025, published on 29 May 2025, explicitly called birth tourism an abuse of the migration law and changed the rules:

• Parents of an Argentine child receive temporary residency on family reunification grounds for up to 3 years, renewable (Article 23(ñ) of Migration Law 25.871). The application requires criminal record certificates, proof of a real address and proof of lawful entry.
• Permanent residency is granted only with proof of sufficient means to live in the country and a clean criminal record (Article 22). Under the rules of the National Migration Directorate (DNM), citizens of non-MERCOSUR countries can switch to permanent residency only after 3 years of temporary residency, having spent at least half of that time in the country.
• Time as a tourist and on a residencia precaria (the interim permit issued while an application is pending) does not count towards permanent residency or citizenship.
• Temporary residency is cancelled after an absence of 6 months or more, and permanent residency after an absence of a year or more, unless the migration authority has authorized it (Article 62).
• For naturalization, the decree requires two years of continuous legal residence before applying, with no trips abroad at all, and the decision is made by the DNM rather than a federal court.

The decree's citizenship provisions are being challenged in court. In June 2026 the National Civil and Commercial Federal Court of Appeals declared them unconstitutional in the Volosh case, and on 30 June 2026 the National Electoral Chamber declared them null in the Yang case, because citizenship is tied to voting rights, which cannot be changed by decree. The government announced that it would appeal that ruling to the Supreme Court. In 2026 there is no general Supreme Court decision and the DNM keeps applying the decree's procedure in other cases, so the Supreme Court will settle the naturalization procedure for parents, and the time to a passport depends on its ruling.

Dual citizenship is allowed

Argentina permits its citizens to hold dual nationality: neither the child nor naturalized parents have to give up their other passports.

Well-developed private healthcare

Argentina has well-developed private healthcare and a wide choice of hospitals for childbirth, especially in Buenos Aires, and many families find local doctors attentive and competent. The clinic signs its contract for medical services directly with the family.

Visa-free entry on a Russian passport

It depends on your passport. Russian citizens, for example, do not need a visa and can stay for up to 90 days, so before the birth you can come over, get a feel for the country and its clinics, and then make a final decision. But visa-free status does not guarantee entry: the migration law as amended by Decree 366/2025 provides for a declaration of the purpose of the trip and of health insurance, and border control may refuse entry if there is a well-founded suspicion that the real purpose differs from the stated one (Article 35).

The downsides of giving birth in Argentina

The budget for the birth and access to public healthcare

In federally run public hospitals, foreigners without permanent residency receive non-emergency care only against health insurance or prepayment (Article 8 of the migration law; the procedure was set by Ministry of Health Resolution 1066/2026, published on 11 August 2026). Emergency care is provided to everyone, but once the patient is stabilized, further services may be billed. The City of Buenos Aires and several provinces, including Salta, Jujuy and Mendoza, also bill non-resident foreigners. That is why it makes sense to plan the budget around a private clinic. Clinics rarely publish prices, and fees are set in pesos and move with the exchange rate and inflation, so only a written quote gives the exact figure: it lists the cost of a caesarean section and neonatal care separately.

A long wait for citizenship for your other children

Older children born outside Argentina do not receive citizenship automatically. While they are minors they can get residency as children of residents, and they can apply for naturalization on their own only once they come of age (18).

The language barrier

While some doctors speak English, Spanish remains the main language of communication, which can create certain difficulties.

Argentine citizenship cannot be renounced

Argentine law does not allow citizenship by birth to be renounced: the child will remain Argentine even after acquiring other passports.

Where the law draws the line

Giving birth in Argentina is legal, and the child receives citizenship regardless of the parents' status. There is only one lawful path: state the purpose of your trip honestly at the border, live at your real address and submit only genuine documents. A false address, forged certificates or sham residence lead to refusal of entry with a re-entry ban of at least 5 years, cancellation of residency with expulsion (Articles 29, 35, 54 and 62 of the migration law) and criminal proceedings. In 2023, federal judge María Servini handled the case of an agency that brought pregnant Russian women to give birth in Argentina: according to investigators, dozens of forged police proof-of-residence certificates with non-existent addresses were submitted to the migration service, and the agency's owners, an interpreter and a lawyer were summoned for questioning on charges of false statements in official documents (falsedad ideológica), fraud and violating the migration law.

Choosing where to give birth is a serious decision for any family. Giving birth in Argentina still gives the child citizenship and a strong passport, but for the parents it is no longer a fast track: it takes a genuine move, lawful status without gaps and proven means. Legal representation before the DNM and the courts is handled by Murblz specialists together with partners licensed in Argentina. We do not sell medical services: you choose the clinic yourself, and it signs its contract with you directly. For more, see our birth support in Argentina page and our guide to giving birth in Argentina in 2026.

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