AS IMPLICAÇÕES DA OBRIGATORIEDADE DOS REQUISITOS DA GESTAÇÃO POR SUBSTITUIÇÃO PREVISTOS NA RESOLUÇÃO CFM Nº 2.320/2022 À LUZ DOS DIREITOS DOS PACIENTES

Abstract

Assisted human reproduction is a well-established practice in Brazil, including the technique of surrogacy. In the absence of specific legislation governing this matter, patients are primarily subject to the ethical guidelines set by the Federal Council of Medicine (CFM), a federal regulatory body that issues rules through Resolutions to guide the physician-patient relationship. Currently, the ethical framework on this topic is defined by Resolution 2.320/2022. This study aims to assess whether the rules set forth in that Resolution infringe upon patients' rights. In doing so, it seeks to highlight the need for regulation through statutory law, in order to resolve legal uncertainties, reduce litigation, and safeguard patients’ fundamental rights. As for the methodology, this is a qualitative research study based on bibliographic and documentary analysis, supported by the hypothetical-deductive method. Preliminary findings suggest that the ethical rules established in the Resolution do, in fact, violate fundamental patient rights particularly the rights to procreation and family planning.