abstract

The article analyzes the regulation of assisted reproduction techniques in Brazil from the existing regulations in the Civil Code of 2002, the New Biosafety Law of 2005, the CNJ provision 63/2017, and compares the seven resolutions of the Brazilian Federal Council of Medicine issued in 1992, 2010, 2013, 2015, 2017, 2020, and 2021. The focus is to verify how configurations of kinship and personhood (the status of the embryo) are presented in the resolutions. Methodologically it is based on document analysis and the exam of changing rules and it also maps controversies that reveal society’s value systems. In view of the legislative omission, it can be seen that the changes in the rules correspond to changes in the Brazilian legislation, but mainly to transformations in society in recent years regarding the recognition of the constitution of new families, the main ones being the access of “homo-affective” couples. One can also perceive the gradual desacralization of the extracorporeal embryo until the pro-life turn in 2021.

keywords
New reproductive technologies; kinship; status of the embryo; legal regulations