Reprodução humana assistida e a questão dos embriões criopreservados excedentários : uma análise sob a ótica do direito brasileiro contemporâneo

Abstract

Due to the principle of free family planning, family entities have freedom to decide on marital relationships, including matters related to procreation. It is the duty of the State to provide necessary assistance and protection to the family, based on the coexistence of fundamental rights inherent to its members. The present work, therefore, aims to present, through a brief bibliographical, normative and jurisprudential review, latent issues pertaining to assisted human reproduction and the issue of surplus cryopreserved embryos. Initially, family planning was addressed as a fundamental right and its impact on the concept of filiation, considering the new family structures formed through assisted human reproduction techniques. An analysis of the contemporary bioethical and legal landscape was sought, highlighting the existing normative scarcity and also mentioning some regulatory instruments in force in other jurisdictions. Furthermore, this research discussed theories regarding the civil nature of the unborn child and its relevance to defining the legal nature of the embryo. Having said that, concerning surplus cryopreserved embryos, the indispensability of informed consent was emphasized, and its impact on resolving conflicts arising from the dissolution of marital unions was addressed, considering the possible destinations of material collected during marriage or domestic partnerships.