Os efeitos jurídicos da reprodução humana assistida dos casais homoafetivos.

Abstract

The advance of Science and of bio-ethics has caused the emergence of the assisted human reproduction techniques, which made possible the procreation of couples formed by individuals who were not able to exercise their paternity and/or maternity due to infertility and sterility problems. Thus, taking in account the transformations of the familiar entity and the emergence of the homo-affective family, urgent is the need to protect the right to parenting of the homo-affective couples, assuring them the utilization of the assisted human reproduction techniques. That way, the research aims at discussing the possibility for homo-affective couples to use the means of assisted human reproduction and the arising legal effects. For such, it was used the deductive approaching method, and as procedure methods, the monographic and historical ones, besides using the bibliographic research technique. It talks about the assisted human reproduction techniques, delimitating concepts, species, guiding principles, and demonstrates the legal implications arising from them, as well as the lack of specific legislation to treat about the bio-technological transformations. It is reasoned about the existence of the homo-affective relation in the national legal system, reporting the personality rights that relate to gender, sexual diversity, as well as emphasizing about the homo-affective relation and its consequences towards Family Law. It will be discoursed about the utilization of the assisted human reproduction of the homo-affective couples, glimpsed through the mirror of the human person’s dignity and of the other constitutional principles, analyzing the possibility for homo-affective couples to conceive the dream of paternity and/or maternity through those techniques, as well as detaching the legal effects arising from that practice. As a result, it has been evidenced the possibility of using the assisted human reproduction techniques by the homo-affective couples, since that practice is guided by the human person’s dignity principle, by the responsible paternity, by the child/adolescent’s best interest principle, as well as being guided by the constitutional principles of equality and of the prohibition of all sorts of discrimination due to sexual orientation. Likewise, it will be concluded that there is a need of elaborating a specific legislation in order to provide the regulation of the use of the assisted human reproduction techniques by homo-affective couples, delimitating their applicability and legal effects.