Assisted Human Reproduction Employed as a Means for the Formation of Homoaffective Families

Abstract

The 1988 Brazilian Federal Constitution brought about a widening in the concept of the family due to the acknowledgement of new familial entities besides those produced by marriage. Henceforth the family has been defined as a plural institution based on dignity, equality and solidarity, aiming at affection, regardless of sexual choice. After the decision of the Supreme Federal Court in making equivalent the homoaffective stable union to heterosexual marriage, new rights have been guaranteed to homosexuals. Based on family planning and on the constitutional principle of responsible paternity, homosexual couples are endeavoring to amplify the family by assisted human reproduction techniques. In vitro fertilization or heterologue assisted human reproduction is the required technique. The presence of a third party, or donor, foreign to the relationship, is required. In female couples, the donation of spermatozoids by a third party is required, coupled to the ovule by one of the couple and the use of the uterus by another. In male couples, the donation of a ovule by a third party is required plus the spermatozoids by one of the couple and surrogate pregnancy in which a third party, foreign to the homoaffective union, cedes her womb for the development of the fetus. Needless to say, Resolution 2013/2013 of the Federal Council of Medicine should be complied with. The homoparental family project produces duties and rights to the homoaffective couple derived from the obligation of responsible paternity and the exercise of family rights. Several rights have been achieved by homoaffective couples, especially the possibility of registering the names of the parents (father-father; mother-mother) in the child´s birth certificate. Controversies and lack of definitions are still at large due to gaps in specific legislation on the techniques of artificial fecundation. The Judiciary should eliminate such conflicts foregrounded on concrete cases and through the application of the main principles of Family Law.