Maternidade substitutiva: uma análise civel e constitucional

Abstract

The present work seeks to analyze how Article 1,597 of the Civil Code can be interpreted to understand the meaning of maternity, considering the technique of substitutive motherhood. In studying this from the civilian perspective - although there is no specific norm on the subject - it is perceived that there are several conflicting issues, in opposition. Regarding the methodology of the research, the method that guides the same is the dialectic. Thus, it is necessary to conceptualize the most common types of assisted reproduction techniques, and the relationship between them, and the principle of affection and the best interest of the child. In addition, the idea of the formation of the family as a fundamental right is worked, and that therefore there is not a unique form to constitute it. In this way, the work explores the theme of substitutive motherhood, as a guarantee of the right to maternity and the question of membership, within the same.