Australian Couple Stranded in Argentina in Year-Long Surrogacy Battle for Baby
An Australian couple remain stranded overseas, locked in a year-long surrogacy battle to bring their baby girl home. Health workers Amy and Jonathan Carr-Knox should be back in Perth preparing to celebrate their daughter Sophie's first birthday next Monday. Instead, they are stuck in Argentina, moving from one Airbnb to another, unable to work and ineligible for welfare support, with no idea when they can return.
Twelve-Year Journey to Parenthood Ends in Legal Limbo
The couple spent 12 years trying for a family via adoption, IVF and overseas surrogacy before turning to an Argentinian surrogate, using their embryo. At the time, a new government had come to power in Argentina, which has since changed the process for issuing birth certificates for surrogate babies. The Supreme Court of Argentina ruled in October 2024 that the surrogate must appear on a child's birth certificate as one of the two listed parents.
The Australian couple made a frantic dash to Buenos Aires for what they hoped would be an eight-week trip after learning that Sophie had been born four weeks early. Little has gone to plan since. Perth couple Amy and Jonathan Carr-Knox are stranded in Argentina, unable to bring their daughter Sophie home. The couple's case has been complicated by paperwork errors in their surrogacy agreement, prepared by their agency.
Legal Complications and Financial Strain
Aware of the rule changes, the couple knew that the surrogate would have to appear on Sophie's birth certificate as the birth mother, and planned to add Mr Carr-Knox as the second parent so they could bring her home. But that request was denied and the couple filed a court case to have the birth certificate amended. Their situation has since been complicated by paperwork errors in their surrogacy agreement, prepared by their agency.
They live in constant fear of not having legal guardianship of Sophie. 'If Jonathan's name is not placed on the birth certificate, it means that we have no relationship to [Sophie],' Ms Carr-Knox told ABC's Australian Story. 'She will not be allowed to leave Argentina without Indira. If Indira leaves with Sophie, she needs to return with Sophie. Otherwise it will be classed as human trafficking.'
'We are so extremely lucky to finally have our child, but I imagined something so different.' The couple have already lost $200,000 in income and at least $120,000 in lawyers' fees, medical costs, living expenses overseas and mounting bills back home. Baby Sophie, who was born four weeks early, will turn one next Monday.
Employment and Financial Hardships
A physiotherapist, Mr Carr-Knox is now out of work after his WA Health contract was not renewed. His wife's applications for WA Health and government paid parental leave were also rejected. The couple have exhausted all funds, including re-mortgaging their home, and are now 'just scraping by'.
'We're having to basically beg for donations to try and keep us going. We don't really know how long it's going to be,' Ms Carr-Knox said. They have received consular advice from the Department of Foreign Affairs but have been told the Australian government could not intervene in legal proceedings.
Emotional Toll and Isolation
'This should have been the happiest time of their lives, but due to failures by people they placed their trust in, they have been caught up in a lengthy legal battle to get their daughter safely back home to Australia,' a fundraiser set by friends states. 'They have had to endure complete isolation in a foreign country where they don't speak the language, trying to navigate a foreign legal system while struggling on a daily basis to carve out something that resembles a life for their daughter.'
'They have had to watch Sophie achieve milestones through their constant teary eyes, with no one to share them with or, worse, missing them as they battle anxiety and depression due to their situation.' Daily Mail has contacted the couple for further comment. Jonathan Carr-Knox is now out of work after his WA Health contract was not renewed due to being stranded.
Government Warnings on Surrogacy Risks
The Australian government recently updated its Smartraveller website with advice for Australians considering surrogacy in Argentina. There is no specific legislation regulating surrogacy and all surrogacy arrangements are subject to ongoing developments in Argentine law.
'If you plan to take part in surrogacy arrangements in Argentina, be aware of all legal and other risks involved,' the latest update shared on February 9 states. 'You may be refused entry to Argentina if taking part in a surrogacy arrangement.'
Research prospective agencies and clinics to ensure that you're dealing with a reputable organisation. Be aware if there are any local legal issues surrounding your surrogacy arrangement, authorities may stop you entering the country, or your child leaving. Get comprehensive and independent legal advice from an Argentine lawyer with specialisation in this area of law.
