Reproductive medicine has developed impressive in recent decades. Techniques such as fertilization in the laboratory, donation of replacement and replacement (or solid abdomen) are already part of the reality of thousands of families around the world.
However, along with these developments, increasingly complex moral and legal issues arise – and many of them are still without a clear consensus or a clear organization in Brazil. We brought some of them to understand what the law says today.
Gametes donation and replacement: What does the law allow?
In Brazil, it is allowed to donate sperm and eggs and can be done in two ways:
- It should be by near the fourth degree (parental donation).
- To be unknown and voluntary, non -profit.
In both cases, it is organized according to Federal Medicine Council (CFM) and the National Health Control Agency (AnVisa). Donors have no legal right or duty regarding the resulting child. Legal receptors are the parents of the child, with all the rights and duties provided by law.
It is also allowed to carry the replacement – known as the stomach of solidarity – and is organized by dissolving the Federal Medicine Council (CFM), and there may be two options:
- Parents: The woman who will manage the child has nearly fourth degree ties with one of the genetic parents.
- Not parents: The woman who will manage the child has friendship links with a genetic parent, requires CFM permission.
In both cases, it is necessary for no financial compensation and must follow solid rules, including signing the term approval and approval by the technical reproductive room in the Regional Council of Medicine.
These rules seek to protect each of the participants in this process, but do not always avoid legal disputes, especially when there are conflicts over parenting and motherhood or in the event of resolving relationships during treatment.
The rights of parents and children to multiply with the help of
Although CFM and AnVisa organize medical procedures, Brazil does not have a specific and unified legislation on reproduction with help. This means that many decisions ultimately end to be courts and need to explain the issues based on constitutional principles, such as the right to life, dignity and family formation.
One of the main legal gaps is associated with multiple multiplication, reproduction between gay couples and the legal definition of belonging in cases of workshops or fetuses. Although the Federal Supreme Court (STF) and other bodies recognize the right of families formed by various arrangements, the lack of a specific law generates the legal uncertainty of parents.
Emerging techniques and new multiplication muscles
The emergence of technologies such as the genetic edition (CRISPR) and even the reproductive cloning perspective raises more sensitive questions. To what extent is the ethical modification of the fetus DNA to prevent the disease? Where is the limit between genetic treatment and improvement?
Currently, the genetic version in the human embryos of childbearing purposes in Brazil and most of the world prohibit. The scientific scientific community discusses these developments with caution, which enhances the need for regulations that preserve medical ethics and human dignity.
Reproduction with the help of achieving science and hope for millions of people. But its progress requires a continuous dialogue between medicine, society and law. Protecting the rights of parents, children and health professionals is essential to ensuring that the desire to form a respected family – safely, morals and humanity.
*Written by the Paulo Gallo de Sana (CRM 422765 RJ – RQE 26621), member of Brazil health
48 -years -a woman with pregnancy with fertilization in the laboratory with her eggs