CONSTITUTIONALIZATION OF THE FAMILY AND REPRODUCTIVE RIGHTS: ACCESS TO SURROGACY IN THE CONTEXT OF FAMILY PLANNING IN BRAZIL

Abstract

The absence of specific legislation on surrogate gestation in Brazil creates legal uncertainty and restricts the right to family planning, particularly for single individuals and non- heterosexual couples. This study analyzes how the resolutions of the Federal Council of Medicine (CFM) and the proposed reform of the Civil Code address eligibility for this procedure.Through a qualitative research approach, it is demonstrated that, despite the CFM's increasing inclusivity over the years, its norms still impose significant barriers. They maintain a paternalistic bias, limiting access based on kinship and other restrictions that do not align with the modern value of socio-affective bonds. While the new Civil Code proposal represents a crucial step toward legalizing the right to assisted procreation by seeking clearer and more comprehensive guidelines, it fails to address the issue of the technique's compensated modality. The conclusion is that overcoming this legal gap is essential to ensuring the legal security and dignity of all families, allowing the right to procreation to be fully exercised, regardless of biology or traditional family models.