A cessão temporária de útero e seu tratamento jurídico e social no Brasil.

Abstract

Assisted Human Reproduction, more specifically the Temporary Assignment of Uterus in Brazilian Law is characterized as a subject of enormous importance for the human being and the whole society. The social advances have brought significant evolution to the Brazilian legal system, mainly in the sense of recognizing the family pluralism existing in the factual plane, due to the new species of family that have constituted over time. In a constantly changing society, in all areas of life, including sexual and relationship behavior, Assisted Human Reproduction is the source of many discussions. In this bias, the objective of this study is to analyze the legal possibility of the uterus transfer in Brazilian Law, as well as verify the ethical and social aspects of the use of this technique without, however, exhausting the subject, since it is very complex. It is a bibliographical study that used the deductive approach. The methods of procedures were historical and comparative. Thus, it is concluded that the right to free family constitution must be ensured by the State, since many Brazilians who can not have their children by natural means, physical problems such as sterility and infertility, or by forms of relationship as in the case of homosexual couples, should have the possibility of generating their offspring through Assisted Human Reproduction Techniques, like the temporary cession of the uterus. However, the issue still lacks specific legislation, being dealt with only by resolution of the Federal Medical Council.