Da elaboração de contrato de gestação por substituição não onerosa à luz do ordenamento jurídico brasileiro

Abstract

This article aims to analyze the possibility of drawing up a pregnancy contract for free replacement at the frontier of bioethics and the current Brazilian legal system, notably from the perspective of the Civil Code, Constitution and Decree n. 2,168/2017 of the Federal Council of Medicine. Techniques, autonomy, consent, freedom of the parties and contractual admissibility will be analyzed, as well as any nullities, unlawfulness, and the right to repent, in addition to comparing the theme in relation to the regulations of different countries. This research used the deductive method, theoretical and bibliographic and documentary techniques. The result reached was that the execution of the replacement gestation contract is allowed, as long as it is free, and the temporary assignor must belong to the family of one of the partners in blood kinship up to the fourth degree, but the parties may provide for specific clauses on the modus operandi of the procedure, as long as they do not imply violations of bioethical rules and principles.