Pregnancy by surrogacy: brazilian legal system and comparative law in the face of financial support for pregnant women

Abstract

Surrogacy pregnancy took on proportions from the 1980s onwards, with the popularization of in vitro fertilization techniques. In Brazil, however, there is no legal norm regulating the procedure, only a Resolution issued by the Federal Council of Medicine, which brings uncertainty regarding the rights and guarantees of those involved. Still, advances in technology have brought concerns about the value of human dignity, built over time, which has been threatened by the possibility of “commodification” of human beings. The objective of the research was to explain the treatment of the subject in the Brazilian legal system compared to other legal systems, as well as to analyze the feasibility of regulation, notably in terms of support for surrogate mothers. Thus, initially, it was necessary to discuss the legal nature of pregnancy by substitution and possible risks of “commodification” of the human being. In the same way, it was necessary to explain the treatment given to pregnancy by substitution at the international level. Also, the surrogate pregnancy was analyzed in the Brazilian legal system, in order to verify the eventual viability of regulating surrogacy in terms of financial support for the pregnant woman for the expenses experienced.