The determining criterion for affiliation in the case of assisted human reproduction with biological material from third parties

Abstract

The application of assisted human reproduction techniques (ART) has been escalating vertiginously in Brazil, due to the amplitude of the universe of people who can make use of it. In particular, there is an increase in their demand for single people and homosexual couples. When biological material from third parties is used, there is dissociation between the biological truth and the legal truth. Besides the use of assisted reproduction techniques with heterologous material, there is also the situation in which the embryo is generated by a woman not involved in the parental project, the cases of pregnancy by substitution. This article aims to discuss the criteria to be applied to define the kinship bond to be established between the persons involved in the parental project and the child conceived, as well as the sufficiency or not of the rules established in the Brazilian legal system to solve the serious issues arising from the participation of third parties in assisted human reproduction techniques.