Biolaw and legislation on assisted reproduction

Abstract

Biolaw is a branch of legal science, through which it's possible to analyze the principles and regulations that influence and modify the relation with the State and among individuals themselves when it comes to the life and fundamental rights of the individuals involved. The main bioethics principles analyzed are: beneficence, autonomy, justice, respect for the person and the informed consent. Research aims to focus on the Brazilian legislation on the subject in order to propose a wider approach to promote the comprehension of people involved in the process of Assisted Reproduction, both patients and professionals. The regulations analyzed were the Brazilian Constitution, the Brazilian Civil Code and the Brazilian Federal Medical Council. The text brings up polemical subjects involving patients, a multiprofessional team and the society, as the Assisted Reproduction techniques are analyzed, numerous questions come up, as what are the rights and obligations involved, what is the limit of using these techniques to achieve pregnancy and what are the fundamental rights which are being preserved. Some of the topics discussed in this research are surrogacy, genetic material donation, cryopreservation and posthumous assisted reproduction. Therefore, the development of the exposed topic happens in three phases, the first one is Biolaw and Human Rights from the Assisted Reproduction point of view and the techniques that are used, then the study of the Brazilian legislation and finally the polemical aspects and discussions on the topic.