Maternidade por substituição: análise dos aspectos polêmicos e bioéticos

• Autor(a) principal: Bressan, Manuella Rodrigues
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5712
• topic: Reprodução humana assistida; Bioética; Maternidade por substituição

This monographic work is concerned with addressing "Substitution Maternity: analysis of controversial and bioethical aspects". It is known that replacement maternity is nothing more than the temporary use of the womb of another woman, who is prepared to generate a child, with its genetic load or not, through assisted human reproduction, and at the end of the gestation to deliver the minor to the requesting mother. However, this practice is not allowed, but it isn’t prohibited in Brazil, due to the absence of legal norms. Currently, gestation due to subrogation is regulated by Resolution n. 2.121/2015 of the Brazilian Federal Council of Medicine, which is a medical norm that only disciplines the ethics of physicians in the use of this technique. Thus, its general objective is to analyze the possibility of solving controversial issues about maternity by replacing it with the lack of specific legislation in the Brazilian legal system. For this purpose, the bibliographical and documentary research will be used, as regards the type of approach, the qualitative research and, finally, the exploratory depth. In view of the controversial aspects presented by substitution maternity, it is concluded that as long as the matter is not regulated by a specific law, which is objective and sufficiently rigorous in order to avoid further conflicts, the courts will have to resolve cases that arise on the basis of established in the Law of Introduction to the Civil Code, taking into account the analogies and principles that govern Brazilian law, and should always be attentive to social purposes and to the demands of the common good, respecting the dignity of the human person and the best interest of the child.