Reprodução assistida heteróloga e filiação sócio-afetiva

Abstract

Faced with a mode of membership defined by social practices and the biotech developments, the work of legal approach deals with aspects of the affiliation resulting from assisted reproduction heterologous, rooted in the desire to have children and consolidated the presumption absolute maternity / paternity, structuring itself in a socio-affective. Notes to be the family, with its instrumental character, capable, plastic, changing and dynamic, the locus where the relations of kinsfolk if to reveal, bringing socio-legal implications with strong inflows in the membership, because it is a model for emerging reproduction without traditional paradigm. Because of the importance of this social reality, draws attention to the poor condition legislative cover all possibilities of maternity / paternity possible within the universe of biotechnology due to the accelerated technological development. Affirms the importance of the bioethical guidelines and an understanding civil-consttucional ruled on the principle of human dignity in the child's best interest in the study of the issue, to reflect on possible responses. Given to the principiológico framework of the Federal Constitution of 1998, impregnated with precepts isonômicos, contrary the discrimination that is reflected in the Law of Family and conforms a new board of values that define the features characteristic of the current profile of the membership divided into biological, presumed and socio-affective.