Notas acerca da maternidade por substituição à luz da bioética

Abstract

Polemic solution created to combat natural impossibility or difficulty of pregnancy, surrogacy, a technique that order, at least three active subjects in the process of reproduction, just as the surrogate mother and the couple genetic donor, has broken several paradigms correlate to the notion of family in traditional ways. Due to the lack of specific legislation on the subject in the national laws, and social control made solely on the basis of ethical and principled exegesis pertaining to Resolution 2013/2013 CFM, urgent provisions do a little more bruised study on the ethical issues that surround the practice in order to seek better clarify issues such as the right to the child's parentage generated by surrogacy and the constitutional and ethical to practical limits, taking forever benchmarks for these issues to preserve the dignity of the person human rights and the full protection of the child. In this vein, it is considered that the subrogation of the uterus must be motivated solely by solidarity, and barring any practice that aims to profit and commodification of art. Also made to the appropriate cases raised jurisprudential and doctrinal analysis, there is the preference of the courts by the criterion of affection while sealer parental bond between the child and the parents who have wanted-in fact required by the parental project.