FAQ

Frequently Asked Questions

WHAT IS ASSISTED REPRODUCTION?

Assisted Reproduction is the low and high complexity medical techniques performed to help those families who cannot have children conventionally. According to the WHO, after 12 months of unsuccessful attempts it is considered that there is a cause of infertility and it is through these techniques such as Artificial Insemination, IVF (In vitro Fertilization), ICSI, TESA, etc. that it will be possible to achieve pregnancy and subsequent birth.

IS SURROGACY LEGAL IN BRAZIL?

In Brazil the technical term is ¨Gestação por Substituição¨ or ¨Solidary Uterus¨ and also as ¨Barriga de Aluguel¨ (due to the soap opera), translated as ¨Rental of Belly¨, a wrong term because no one is rented. The concept of renting is wrong and does not correspond with the altruistic act performed for the sole purpose of helping a family. Surrogacy has been legal in Brazil since 1992 and in all 8 Resolutions of the Federal Council of Medicine it has been contemplated, always being maintained the possibility for families. It has become popular in the last 10 years in the world, including through public figures.

WHO ARE THE PARTIES INVOLVED IN A SURROGACY PROCESS?

In addition to the professionals of medicine, biomedicine, law, psychology, nursery that together enable the realization of treatment, the parties participating received the appropriate names. The woman who is willing to help a family is called “Surrogate”, the family that wish to have a child “Intended Parents” and those who donate their germinative cells ¨Donors¨.

WHO CAN PERFORM A SURROGACY PROCESS AS INTENDED PARENTS?

The international term “intended parents” indicates everyone who wishes to have a child and who conventionally (natural) has not been able to realize this dream. Brazil since 2011 has recognized same-sex marriage. There is also in Brazil the recognition of the figure of the single-parent family, so every family profile has the right to perform a surrogacy treatment to have a child, whether single, same-sex couples and married straight couples or in a stable union (non-married).

WHO IS THE SURROGATE

The Surrogate must be an adult woman, capable, who has her own child, who preferably lives with her family, has work and a very good health, without any possibility to consume drugs, alcohol, cigarettes and medicines that can intervene in pregnancy. She applies freely to help a family. She will undergo medical and psychological tests that indicate that she is suitable for carrying out the process.

WHAT IS THE ROLE OF THE FERTILITY CENTER IN A SURROGACY PROCESS?

The health center dedicated to assisted reproduction techniques cannot, under any circumstances, mediate the presentation of the Intended Parents (family) and the Surrogate. It is strictly forbidden by the Federal Council of Medicine that clinic professionals act in this segment, and this function should be performed by a separate institution, especially that has knowledge of international human rights.

WHAT ABOUT THE BIOLOGICAL LINK? WHO IS THE MOTHER?

World law provides that the woman who gives birth should be considered the mother of the child, but there are exceptions as in the case of Surrogacy. The Surrogate does not provide genetic material – the only country in the world that allows this feat is the USA, where it is known as traditional surrogacy – and despite having a great bond and helping the family to realize her dream, the Intended Mother, still during pregnancy, will be recognized as the natural mother of the child.

WHAT RIGHTS DO I HAVE RELATED TO THE CHILD?

The family has all the rights and obligations with respect to the child since the embryo transfer and consequent confirmation of pregnancy. The Brazilian legal system and the respective responsible institutions intended for affiliation must, without the need for prior judicial authorization, pre-establish (pre-birth certificate) the issue of affiliation.

WHAT ARE THE CHARACTERISTICS OF SURROGACY IN BRAZIL?

Surrogacy in Brazil is altruistic, which means that it is prohibited to give economic compensation for the Gestational Carrier (Surrogate), just like in Greece or Canada. It is still necessary for the Intended Parents to cover all expenses related to treatment.

In Brazil, Surrogacy is altruistic, can be performed among family members up to the fourth degree and in case the Surrogate is not a family member through prior authorization from the Regional Council of Medicine (know as CRM). Once the requirements requested by the CRM are met, there is no subjective evaluation of the request. All expenses related to the treatment must be paid by the Intended Parents. The civil registration of the affiliation is carried out directly on behalf of the Intended Parents, without any need for resignation of the Surrogate as in other countries (Ukraine, Georgia, etc.). Brazil was the second country in the world to legalize Surrogacy, after USA, with clear criteria. Children born in Brazil to foreign parents enjoy full citizenship.

IN WHICH COUNTRIES IS SURROGACY LEGAL?

USA, Brazil, Portugal, Ukraine, UK, Gibraltar, Canada, Georgia, Greece, South Africa and others allow families to perform the treatment, but there are several points that must be observed. For example, Portugal, UK and Gibraltar allow the Surrogate to renounce her free consent after birth, which creates total legal uncertainty for families. Other countries, such as Mexico and Colombia, have court decisions with double interpretation and projects to criminalize the procedure, bringing worry to all parties.

EVEN WITHOUT MY BIOLOGICAL MATERIAL (CELLS) THE BABY WILL BE MY CHILD?

Yes and that is the difference from Brazil and many other countries. There is no legal provision in the world to indicate that if the person does not provide genetic material they cannot have a child. Egg donation and surrogacy have been present in the assisted reproduction area for more than 40 years and those who wish to have a child are considered the natural parents.

SHALL WE LIVE WITH THE SURROGATE? SHE MUST BE A RELATIVE OR A CLOSE FRIEND?

No. Affinity cannot be bought in life and there are Intended Parents and Surrogates who are more introverted, reserved people and this does not make them less human. The parties are free to build a cordial and respectful relationship based on human rights, but there is no obligation to have intimacy. The Federal Council of Medicine establishes that the Surrogate must either be a family relative up to the fourth degree or a person who wishes to help the family but there is no link to them.

WHAT IF THE SURROGATE GIVE UP AND STAY WITH MY CHILD EVEN IF I USE MY GENETIC MATERIAL?

In countries where Surrogacy is legal the Surrogate has no parental rights or obligations.

In Brazil, the Federal Council of Medicine (CFM) and the National Justice Council (CNJ) are clear: The birth certificate will be issued in the name of the Intended Parents. Once pregnancy is confirmed (week 12) Intended Parents have the right to ask for the pre birth certificate. The civil servant who denies this right commits a crime of prevarication and with a statement to the competent court he will be punished for denying such right. On the other hand, in those countries where the concept of Surrogacy is current legal this can happen.

DOES THE SURROGATE RECEIVE ANY FINANCIAL COMPENSATION?

Despite performing something unique for the family, dedicating their time, undergoing hormonal and physical changes, taking care that everything happens correctly, the Surrogate cannot receive a financial compensation. It is important to note that compensating (indemnity) is not rewarding. There is no price for something unique as human life is.
We at the Betta Institute advise the legislator that fair compensation for nearly a year dedicated to carry and give birth for a third family would not affect the fact the treatment will continue to be altruistic, because the act itself is to help others.
We still understand and guide all families who ask for our help that compensating the Surrogate is a legal offense and as such should not be carried out. The only country in the world where the legislation clearly provides that one can indemnify is the USA, in the state of California.

DO I HAVE LEGAL AND PSYCHOLOGICAL SUPPORT?

You should have legal and psychological support throughout the process. Only this way you can be calm, because a surrogacy treatment requires a lot of patience and acceptance. All parties should feel welcomed and respected. The universal principle of dignity of the human person is the fundamental principle of surrogacy treatment.

WHAT ARE THE CHARACTERISTICS OF SURROGACY IN THE USA?

Altruistic, with the possibility of compensation for the Surrogate. The states of the federation are responsible for legislating on the matter, so there are states where Surrogacy is legal, prohibited or with legal emptiness. The United States is the pioneer country in treatment, with more than 40 years of experience and only ahead of Brazil. The cost of the process can be very high for some families, but it remains a very sought-after destination. As egg donation and surrogacy can be compensated this factor also influences the final cost of treatment. The child has the right to U.S. citizenship.

WHAT ARE THE CHARACTERISTICS OF SURROGACY IN CUBA?

In Cuba, Surrogacy treatments have just been legalized with same-sex marriage. It is necessary to request judicial authorization so that the medical part can be initiated, the parties must be at least 25 years old, the Surrogate may not have previously underwent treatment and is altruistic. The Surrogate can be both familiar and a person unrelated to the family environment.

WHAT ARE THE CHARACTERISTICS OF SURROGACY IN COLOMBIA?

Colombia is a similar case to Albania and Cyprus. Although massive publicity there is not a specific law that protects the Intended Parents, the Surrogate and the Child. This situation generates legal uncertainty and the profile that adapts to this situation ends up being that of the man who has his genetic material and can demonstrate the link of affiliation through DNA if necessary to ensure the civil record, but there will always be a possibility that the Surrogate can claim alimony. There is the defense of part of the doctrine that the Supreme Court recognized the right of the parties, but another wing, including an important Legislative partie, has already presented a bill that prohibits and punishes those who carry out the process. We can accompany the families so that the treatment is carried out in Colombia, but we do not recommend this destination.

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