Reprodução humana assistida em casais homoafetivos: reflexões acerca da gestação por substituição na realidade brasileira contemporânea.
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Date
2019-07-14
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Universidade Católica do Salvador
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.
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Keywords
Reprodução assistida, Casal homoafetivo, Gestação por substituição, Conselho Federal de Medicina, Barriga de Aluguel, Assisted reproduction, Homoaffective couples, Gestation by substitution, Federal Councilof Medicine, BellyofRent