Gestação de substituição: aspectos legais e sociais

Assisted reproduction has been improving more and more with the evolution of science, becoming the alternative for those who cannot fulfill the desire to have a child. One of the forms of assisted reproduction is surrogacy, where a woman lends her uterus for the gestation of a child of a couple or single person. Despite the evolution of techniques, in Brazil, legislators are inert, leaving this topic without legal guidance. In the absence of norms, Resolutions of the Federal Council of Medicine end up becoming the “legal” guideline for decisions on the subject. The intention of this text is to observe how the evolution of assisted reproduction techniques, especially surrogacy, was not mirrored in the legislative advance. Drawing a parallel with some social changes, such as changes in the concept of family, the constitutionalization of the right to free family planning and the various resolutions issued by the Federal Council of Medicine, the main idea is to discuss how the issue of surrogacy is treated in our legal system, and in practice, given the almost total absence of regulation.