Gestação de substituição: uma via de acesso à maternidade para mulheres inférteis ou estéreis no Brasil

Abstract

Medical scientific advancements of the past century have led to the creation and development of various Assisted Reproduction techniques. One of them is Surrogacy. Through another technique called In Vitro Fertilization, Surrogacy, also known as Gestational Surrogacy, enables infertile or incapable couples to have a child with their own genetic makeup, known as intended parents. Surrogacy, which refers to the practice of a surrogate mother carrying the pregnancy, involves using a "borrowed" uterus, the gestational mother. Within this context, various discussions arise regarding permissive, neglectful, and even prohibitive legislations. With the dream of realizing this natural human right to procreate, thousands of individuals engage in what is known as surrogacy tourism, seeking countries that allow for either altruistic or commercial gestational surrogacy. Thus, this research aimed to understand Surrogacy as a means of ensuring and democratizing access to motherhood for infertile women in Brazil. The objective was to revisit the conceptual and historical framework, legislative regulations on the subject in some countries, and identify how gestational surrogacy can serve as a guarantor of the right to access motherhood. The deductive method of approach was utilized, employing procedural methods, particularly historical, comparative, and structuralist. The research was grounded in bibliographic analysis and relevant legislation to encompass publicly available studies on the subject. It was concluded that the technique democratizes access to motherhood but remains elitist and difficult to access in countries where it is not permitted. Informality can exploit women and provide less security for the child.