Maternidade por substituição no aspecto da bioética e da filiação à luz do direito contemporâneo brasileiro.

Abstract

In the face of the technological advances, over the years, which have influenced the scientific and technological development of assisted human reproduction, the direct interference of this before the changes in the society is notorious. There was a solution of the problems of pregnancy impossibility through the evolution of the techniques of assisted human reproduction, which brought new concepts of the families, as well as of the affiliation. This is because the affective bond has become more important than the genetic link, which is why it is necessary to insert these scientific methods into Brazilian legal regulation. Among these techniques of assisted reproduction are gestation by substitution, which has a controversial bias due to the conflicts between constitutional and bioethical principles, as well as the questions of "coisificação" and "commercialization of the body". Thus, it is imperative that these techniques be framed in Brazilian legislation, in favor of legal protection and social interest, preserving the dignity of the human person, autonomy and freedom in family planning.