Reprodução humana assistida e o consentimento informado

Abstract

Infertility is a complex and increasingly diagnosed disease that has not only biological but also emotional, social, religious and legal repercussions. The advance of medicine provided the manipulation of human gametes, creating the chance for infertile couples to breed. However, on the other hand, many issues related to bioethics and the legal protection of life, personality and morality are still the subject of many disputes. It is the role of law to protect human beings and their most relevant legal property and it is the duty of the State to regulate the practice of assisted reproduction based on the ethical limits and fundamental rights provided for in the Federal Constitution of 1988. This article has the main objective is to suggest, within these moral and ethical limits and in accordance with the incipient legal support for this practice, the construction of contracts to provide this type of service in order to confer, or at least increase, the security of the institutions, the doctors and the patients who offer/seek this type of service.