A compensação financeira na gestação de substituição

Abstract

The gestational surrogacy, also known as “surrogacy”, is a complex topic, whose practice provokes a debate regarding the limits of autonomy in the disposition and/or exploitation of the surrogate pregnant person’s body. With the advent of social networks, an environment conducive to an informal reproduction market was created, which favors the exploitation of the bodies of future pregnant women, since there is no regulation regarding the use of assisted reproduction techniques in the Brazilian legal system. The main objective of this research was to verify the possibility of attributing a remuneration during gestational surrogacy. For this research, qualitative methodology is used in documentary research, through bibliographical research, as a means of accessing controversies in Brazilian society that surround reproductive technologies in the remuneration of pregnant surrogates, following the method proposed by the civil-constitutional school, which has as its main characteristic the application of constitutional principles and rules to intersubjective situations relevant to the fundamental theme. Finally, it proposes the admissibility of financial compensation on gestational surrogacy in the context of constitutional legality.