Children, family and inheritance — Argentina

Childcare. Jardines maternales (45 days to 2 years) and jardines de infantes (3 to 5 years), free in the public sector but scarce under 3 and compulsory at 4 and 5 since 2014; private nurseries at 150,000 to 500,000 pesos a month; Centros de Desarrollo Infantil for low-income families; ANSES family allowances and, since 2023, a tax deduction for childcare costs; 90 days' maternity leave and two days' paternity leave. Bilingual English-Spanish schools, a legacy of the British community, take children from kindergarten age.

Illustration: Children, family and inheritance
Location map — Argentina
Argentina. Simplified location map — Natural Earth data, public domain.

Adoption

Full (plena), simple or integrative (de integración) adoption, granted by the family judge after a declaration that the child is adoptable: adopters over 25 (one of a couple is enough), at least 16 years older than the child, permanently resident in Argentina for five years unless Argentine, and registered with the single register of applicants (RUAGA); open to same-sex couples since 2010 and closed to intercountry adoption. A British or Irish family can adopt only after five years living in Argentina, never from the UK or Ireland, and the child does not become British automatically.

AdoptersOver 25 (one of the two in a couple); 16 years older than the child; five years' residence in Argentina (unless Argentine); married couples, cohabiting partners or single people, of any orientation
RegisterCompulsory registration with the RUAGA of the jurisdiction; psychosocial assessment; no adoption without registration, except integrative adoption
ProcedureDeclaration of adoptability, pre-adoptive placement (6 months), adoption judgment; the child takes part and consents from the age of 10

Full detail: Adoption

Assisted reproduction

Universal access under Law 26.862 of 2013: obras sociales (health insurance funds), prepagas (private health insurers) and the public system must cover assisted reproduction for any adult, whatever his or her marital status or sexual orientation — up to four low-complexity treatments a year and three high-complexity treatments in all; parentage by voluntad procreacional (the intention to become a parent) under the Código Civil y Comercial; surrogacy is unregulated and was curtailed by the Supreme Court in 2024. The cover is for people insured in Argentina: patients travelling from the UK or Ireland pay privately.

AccessUniversal from 18, whatever the marital status, orientation or diagnosis (Law 26.862)
CoverCompulsory for obras sociales, prepagas and the public system: 4 low-complexity treatments a year and 3 high-complexity in all, with medication and cryopreservation
ParentageVoluntad procreacional: prior consent recorded with the Registro Civil; both members of the couple are parents (articles 560 to 564)

Full detail: Assisted reproduction

Childcare

The National Education Law 26.206 of 2006 makes early childhood education (educación inicial) the first level of the school system: jardines maternales (nurseries) take children from 45 days to 2 years, jardines de infantes (kindergartens) those from 3 to 5. The sala de 5 (the year at age five) has been compulsory since 1993 and the sala de 4 since Law 27.045 of 2014, which also obliges the State to offer a universal place from age 3. Public provision is free but very insufficient under 3 — fewer than one child in five under three attends a centre, half of them in the private sector —, with wide inequalities between the City of Buenos Aires, the large provinces and the north. Law 26.233 of 2007 created the Centros de Desarrollo Infantil (CDI, child development centres), run by provinces, municipalities and community organisations for low-income families, alongside the Espacios de Primera Infancia of the national programme. Private nurseries and kindergartens, authorised by each province, cost from 150,000 to 500,000 pesos a month depending on the city and the hours. The Employment Contract Law (Ley de Contrato de Trabajo, article 179) requires larger employers to provide childcare or compensation: under decree 144/2022, workplaces with 100 or more employees must offer a childcare space for children up to 3 or reimburse the cost, up to a ceiling. ANSES (the national social security administration) pays family allowances — the asignación por hijo for employees on modest incomes and the Asignación Universal por Hijo (AUH) for informal workers and the unemployed —, and since 2023 childcare and domestic-help costs have been deductible from income tax (impuesto a las ganancias) up to a ceiling. Maternity leave is 90 days (45 before and 45 after the birth, paid as an ANSES allowance); private-sector employees get two days' paternity leave — one of the shortest on the continent, which several bills would extend to fifteen days —, and leave is longer in the public sector and under some collective agreements.

For British and Irish families settling in Buenos Aires, the picture is familiar in one way — there is no dense public network for the under-threes — and different in others: public jardines are free but full before age 3, most middle-class families pay a private jardín maternal or employ a nanny (niñera), grandparents play a large part, and kindergarten is in practice universal at 4 and 5. The school year runs from March to December, and many private jardines close in January. The British community's most visible legacy here is its schools: Buenos Aires has a long tradition of bilingual English-Spanish private schools founded by British and Scottish settlers — St Andrew's Scots School dates from 1838 and St George's College from 1898 —, and most bilingual schools have a kindergarten section, often oversubscribed. In Chubut, Welsh-language nursery groups and bilingual Welsh-Spanish schools in the valley and at Trevelin pass the language on from the earliest years.

Benefits do not travel. Argentine family allowances require residence and registered employment in Argentina (or the AUH for families without formal work), and the tax deduction requires Argentine income tax. On the UK side, Tax-Free Childcare and the funded hours of childcare stop when the family leaves the UK, and whether Child Benefit can continue depends on the GOV.UK rules for people living abroad. A British parent employed locally gets Argentine leave — 90 days for the mother, two days for the father —, whereas an employee posted by a UK employer should check what leave the UK contract provides. A child born in Argentina is Argentine, and British by descent if a parent is British otherwise than by descent; the first British passport is applied for from HM Passport Office with the Argentine birth certificate (partida de nacimiento). A child born in Argentina to an Irish citizen who was born on the island of Ireland is Irish from birth; when the Irish parent was born abroad, or the link is through an Irish-born grandparent, citizenship goes through registration in the Foreign Births Register, on which the Embassy of Ireland in Buenos Aires can advise.

Key points

LevelsJardín maternal from 45 days to 2 years; jardín de infantes from 3 to 5; sala de 4 and sala de 5 compulsory; a universal place due from 3
Public provisionFree; scarce under 3 (fewer than one child in five attends a centre), unequal between provinces; online enrolment in the City of Buenos Aires
PrivateNurseries and kindergartens authorised by the province: 150,000 to 500,000 pesos a month depending on the city and hours; niñeras by the hour or by the month
Low-income familiesCentros de Desarrollo Infantil (Law 26.233) and Espacios de Primera Infancia, free
EmployersChildcare space or reimbursement for children up to 3 in workplaces with 100 or more employees (decree 144/2022)
Allowances and taxANSES family allowances (asignación por hijo, AUH); childcare and domestic-help costs deductible from income tax since 2023
LeaveMaternity 90 days (45 + 45), paid by ANSES; paternity 2 days in the private sector (bills for 15 days); longer in the public sector and under some collective agreements
British and Irish familiesBilingual English-Spanish schools with kindergarten sections; UK childcare support stops on leaving the UK

In practice

  • Apply as early as the pregnancy to the public jardines of your municipality or of the City — online in Buenos Aires, usually in October-November for the school year starting in March: places in jardines maternales are sometimes allocated by lot.
  • Visit private jardines and check that the province has authorised them (register of institutions); compare the hours (jornada simple, half-day, or jornada completa, full-day) and the enrolment fee (matrícula) charged at the start of the year.
  • Register a niñera with ARCA (the federal tax agency, formerly AFIP) under the domestic-staff regime of Law 26.844, with the minimum wage of her category, contributions, the thirteenth-month salary (aguinaldo) and paid holiday: it is the condition for the tax deduction, for her social cover and for your legal security if there is an accident.
  • Notify your employer of the pregnancy with a medical certificate — ANSES then pays the maternity allowance —; ask for the childcare space or reimbursement under decree 144/2022 if the workplace has 100 or more employees, and ask ANSES for the family allowances according to income.
  • For an English-speaking education, apply to bilingual schools well in advance, since kindergarten places fill early; public jardines teach in Spanish, which is how many children of British families become bilingual.

Cost and coverage

Public jardines and CDIs free; private jardines 150,000 to 500,000 pesos a month — very roughly 100 to 300 pounds at 2025 exchange rates — plus the enrolment fee; a registered niñera 3,000 to 5,000 pesos an hour, or 400,000 to 800,000 pesos a month gross full-time plus about 15 % in contributions; bilingual private schools set their own fees, usually with an entry fee. ANSES allowances depend on income and are updated monthly.

Recent changes

Law 27.045 made the sala de 4 compulsory in 2014 and public provision is expanding slowly; decree 144/2022 gave effect, more than four decades on, to the employers' childcare obligation in the Employment Contract Law; the tax deduction for childcare costs dates from 2023; bills on parental leave (fifteen days for fathers, leave for the self-employed) have been under discussion since 2022 without being passed.

Where to go

  • Ministries of education of the provinces and of the City of Buenos Aires: enrolment in public jardines and register of authorised institutions.
  • ANSES (anses.gob.ar): family allowances, AUH, maternity allowance; ARCA: registration of domestic staff.
  • Secretaría Nacional de Niñez, Adolescencia y Familia (SENAF): Centros de Desarrollo Infantil and Espacios de Primera Infancia.
  • Bilingual schools directly for kindergarten places; HM Passport Office for a British child's passport and the British Embassy in Buenos Aires for consular assistance; Irish citizens: Embassy of Ireland in Buenos Aires (Foreign Births Register).

Worth knowing

Childcare under 3 is Argentina's weak point: few public places, private provision that is expensive for local salaries, and two days' paternity leave; a family arriving during the school year usually finds only private places. An undeclared niñera deprives the family of the tax deduction and leaves the child and the employee without cover in case of accident — and Law 26.844 provides for compensation and back pay: registration costs little and protects everyone. And UK support — Tax-Free Childcare, the funded hours — does not follow you to Argentina.

Frequently asked questions

At what age is kindergarten free and compulsory in Argentina?

The public jardín de infantes is free from age 3 — a place the State must offer — and compulsory at 4 and 5; under 3, public jardines maternales exist but places are short, especially outside the City of Buenos Aires, and many families turn to private ones. The school year runs from March to December; public enrolment takes place in the southern spring, around October-November.

Is there anything like Tax-Free Childcare or the funded hours?

No. Argentina helps through ANSES family allowances (the asignación por hijo for employees on modest incomes, the AUH for families without formal employment), free centres for low-income families, employer childcare in workplaces with 100 or more employees and, since 2023, a tax deduction for childcare costs; there is no universal benefit that pays for a niñera or a private jardín. The UK schemes stop when you leave the UK.

How much maternity and paternity leave is there?

Ninety days for the mother — 45 before and 45 after the birth, paid by ANSES as a maternity allowance —, with the option of an unpaid extension (excedencia) of three to six months, and two days for the father in the private sector; the public sector and some collective agreements give more, and bills to extend paternity leave to fifteen days have not been passed. There is nothing like UK Shared Parental Leave.

Sources

The general article: Childcare · Compare with another country

Inheritance

Forced heirship (legítima) of two thirds for descendants, half for ascendants and half for the spouse, who inherits a child's share of the deceased's own property and already takes half of the common property; an unmarried partner inherits nothing; every succession goes through the courts with a lawyer, and there is no national inheritance tax — only the province of Buenos Aires taxes inheritances. English testamentary freedom stops at the border: land in Argentina, and the whole estate of anyone last domiciled there, follow Argentine law.

Legítima (reserved shares)Two thirds for descendants; half for ascendants; half for the spouse; an extra advantage of up to one third possible for an heir with a disability
Without a willDescendants + spouse (a child's share of the deceased's own property), ascendants + spouse, spouse alone, collaterals to the fourth degree, the State
Common propertyHalf goes to the spouse as a partner in the community; the other half is divided among the heirs

Full detail: Inheritance

General sources

Page checked in September 2026. The instruments cited can change: if in doubt, confirm with the official source given.

Locate this page in the site map