Reprodução humana assistida em casais homoafetivos: reflexões acerca da gestação por substituição na realidade brasileira contemporânea.

Abstract

The aim of this article is to perform an approach on assisted human reproduction in homosexual couples, demonstrating the rights conquered by the homosexual community in Brazil, and questioning the possibility of a reform in the criteria established by the Federal Council of Medicine - CFM temporary cessation of the uterus, the so-called "surrogacy", focusing on the feasibility of implementing the onerous character and expanding the options of candidates for donation. It is worth noting that in 2011 the Federal Supreme Court granted the family status to the homoafetive stable union, while in 2013 the National Council of Justice closed the refusal of the competent authorities to enable or celebrate civil marriage and stable union between persons of the same sex. Only from these decisions were the insertion of these spouses to the CFM resolutions that regulate AR in Brazil. However, there are still obstacles to homosexuals who resort to the procedure of gestation by substitution, such as dependence on the participation of a third, who has up to the fourth degree of kinship with one of the future parents, for the donation; the prohibition of onerous character and the lack of specific legislation to regulate such medical technique.