Brazil unveils new rules for assisted reproduction

The Brazilian Federal Council of Medicine approved new rules for assisted reproduction technology in the country. A person's descendant is to be allowed to become a surrogate mother for them.

As it stands today, only a mother, grandmother, sister, aunt, or cousin could be surrogates. The new rules, however, also include daughters and nieces. Unmarried individuals are also to have the right to legally find surrogate mothers.

Another change is a reduction in the period for embryo disposal from five to three years. The decision may be made by the patients themselves or by the clinic, when the individuals responsible for the material can no longer be contacted.

In addition to the new norms, the text presents concepts that had not been previously defined—like reciprocal IVF (gestação compartilhada in the original Portuguese)—and allows social factors to be taken into account in the medical examination of patients resorting to assisted reproduction.

Reciprocal IVF—also known in English as double maternity—had long been an option for female same-sex couples, where the fertilized egg of one of the mothers is implanted in the uterus of her partner. The method, however, has just now been laid forth as part of the legislation.

Family planning

The resolution also allows people with no diagnosed reproductive disorders to avail themselves of assisted reproduction technology, like the cryopreservation of gametes, embryos, and germinative tissues. The practice was also common before, but has now been included in the law.

Patients suffering from diseases or undergoing treatment that can cause infertility (like cancer treatment) are also covered by the new legislation.

What remains unchanged?

Rules governing other issues linked to assisted reproduction have remained unaltered, like the maximum age to become an egg or sperm donor (35 and 50, respectively). As for implanting an embryo in the uterus, patients must not be older than 50, except when justified otherwise by a doctor, and when the woman is aware of the risks.

Furthermore, the legislation stresses that the highest number of embryos to be implanted is four, according to the patient's age. The trade of embryos also remains forbidden, as well as selection based on biological characteristics, and multifetal pregnancy reduction. The new rules are to be brought into force on Friday (Nov. 10).

Translated by Fabrício Ferreira