Abstract

SILVA GALDINO CARDIN, Valeria; GORETE ROSA MAIA GUERRA, Marcela  and  COLHADO GALLO GREGO SANTOS, Andréia. The body disposal limits: an analysis of the uterus loan as the realisation of the familiar planning right under the general contract theory. Rev. Bioética y Derecho [online]. 2015, n.35, pp.79-93. ISSN 1886-5887.  https://dx.doi.org/10.1344/rbd2015.35.14283.

Nowadays, the use of surrogacy motherhood is crescent, towards the realisation of familiar planning. In Brazil, only the Federal Medicine Council, through the Resolution no. 2,013/2013, regulates this matter, establishing that the surrogacy motherhood can only be taken between up to forth degree relatives and without any profit intent. Nonetheless, many cases exist where the procedure is illegally made, with payment to the temporary uterus donor. The discussion, in this cases, involves the legality of the monetary compensation to the pregnant woman, and the application of general contract theory. Thus, the research aims on analysing the possibility of this juridical adequacy to the technique, with bases on Brazilian law, as well as proposing an alternative solution to minimize conflicts derived from the procedure, in order to promote the juridical safety of these relations and, above all, the special protection to the newborn.

Keywords : surrogacy motherhood; payment; contract; informed consent term; human dignity.

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