The Developments of the Extrajudicial Recognition of the "Fatherhood" Paternity

Abstract

The present work analyzes the Brazilian normative system regarding the civil registry of children born through assisted reproduction techniques in homoaffective unions, under the terms of Provision 63/2017. It observed the conditions and definitions of who can ascend the mentioned technologies and the feasibility of performing the civil registry of the birth of children in this scenario with the name of two mothers or two parents. Given the lack of legislation on the subject, assisted reproduction techniques involve ethical norms, since they have jurisprudence and resolutions of the Federal Council of Medicine. The objective was to demonstrate the difficulties that homoaffective couples go through regarding this legal insecurity. The methodology used to carry out this article was the hypothetical-deductive method. It was concluded that there are legal and social limitations to homoaffectivity that have repercussions in the process of assisted reproduction, as well as in the record of the children by this technique. It should be emphasized, however, that the fundamental rights derived from paternity and family, in their various conceptions and species, including those recognized by the Federal Supreme Court, must prevail. The legitimacy of homo-facto couples in having children is a matter of choice for the country's law, both in the necessary legislative production conducted by the current constitutional understanding (Article 226, §3, CRFB / 88), and by the Courts' analysis of current situations they end up discrediting those couples who seek an equality of treatment in particular with regard to civil legal and normative institutes and registers concerning the family.