After the lead of the Constitutional Court (TC) in April, the Left Bloc (BE) will present a new bill to legalize the gestation of substitution, commonly known as hire bellies. Unlike the previous bill, in the new proposal of the BE established a time of regret, which allows the pregnant woman to change her mind after the birth and stay with the baby.
In the previous project, the child would always be the daughter of the couple who resort to the gestation of replacement and never of the pregnant woman, that is, the pregnant woman would never have any right over the child. In the new project, the pregnant woman may regret until the baby is registered and, if she wishes, request her custody.
According to the Civil Registry Code, children must be registered within 20 days of delivery. "The judgment of the Constitutional Court has changed the context. We have accommodated all the concerns raised by the judges," he told the weekly Moisés Ferreira, deputy bloquista.
Discussion in 2019
The BE wants to schedule the discussion and vote on the bill until early January.
The law remains only for cases of illness, such as women without a uterus or with an injury that prevents them from carrying the pregnancy to the end.
In April, at the time of the lead, the TC identified unconstitutional norms in the law of gestation of substitution and set the rule of anonymity of donors of the Law of Medically Assisted Procreation.
The TC justified the lead to the rule of donor anonymity because it considers that it imposes "an unnecessary restriction on the rights to the personal identity and the development of the personality of the people born" through techniques of medically assisted procreation.