Key laws and policies
- Law on Biosafety, PL. 2401-C/03 (March 2, 2005)
Assisted reproduction practices including surrogacy and providing eggs are covered by laws and guidelines:
- The Federal Medical Board (Consehlo Federal de Medicina) passed resolution Resolution CFM No 1957, 2010. (See http://www.portalmedico.org.br/resolucoes/CFM/2010/1957_2010.htm.)
The Law on Biosafety prohibits:
- Reproductive cloning
- Research cloning
- Inheritable genetic modification (Article 6)
- The creation, banking, and manipulation of human embryos destined to be used as "disposable biological material"
Commercial practices associated with gamete or embryo donation or surrogacy are prohibited (Part IV and Part VII of the Resolution CFM No 1957, 2010).
Permitted and regulated practices
The Law on Biosafety permits working with human genes in vivo for "diagnostic, preventive and treatment purposes of illnesses and anomalies," with the approval of the National Technical Committee on Biosafety. The relationship of this clause to the law's prohibition on inheritable genetic modification is presently unclear.
Assisted reproduction practices including surrogacy and providing eggs are covered by laws and guidelines.
- Anonymous egg donation is permitted after screening
- Egg donor must be under 35 years of age
- Egg sharing is permitted
- Embryo donation is permitted
- Surrogacy is permitted pursuant to guidelines in limited circumstances. The surrogate must be related to the commissioning husband or wife, but exemptions may be allowed by regional medical councils. No payment is allowed.