Maternidade de substituição: reflexões a partir do princípio da dignidade da pessoa humana em razão da lacuna normativa do direito brasileiro

Abstract

Nowadays, families can be formed for many ways. In this context, the techniques of assisted human reproduction earned great prominence, because they allowed the formation of families through artificial methods, giving people with infertility or sterility problems the chance of having children other than through adoption. Among medicassisted reproduction techniques is maternity by proxy, which is an agreement through which a woman bears a child for a couple or a different person from the bearer. Although the Federal Constitution of 1988 has recognized the right to family planning, this right is limited to respect the principle of human dignity. So, when using these techniques, in particular the surrogate motherhood, this principle must prevail to preserve the dignity of children and pregnant women.