title: Homoaffective parentage--specifically, a matter of medically assisted reproduction: a parallel between Brazil and Portugal.
abstract: In the field of homosexuality an issue still excessively polemical is the one concerning the possibility of paternity or maternity (biological or adoptive) as a right to be exercised by homosexuals. An even more controversial issue is that of homosexuals' access to assisted reproductive techniques. Carrying out an analysis of two countries, Brazil and Portugal face this with opposite approaches in legislation and legal doctrine. In Brazil, the issue is not legislatively regulated. In Portugal, there is regulatory law. The question that arises is: what is better an extremely reductive and discriminatory law or a true legal vacuum? Several questions may be raised in this context. The first one is: is there indeed a right to parenthood? What to say about surrogacy? In these cases is the commandment of the child's best interest being heeded, which is the vector for any decision relating to an infant or teenager? Differences of understanding will always exist, especially in such a sensitive field as Family Law. But one fact must be accepted: any resolution and legislation in this context must be based on the principle of the best interests of the - born or unborn - child and other constitutional principles as equality, freedom, non-discrimination and human dignity, forgetting the prejudice rooted in society and the unfounded conjectures of homophobic judgments.
authors.affiliation: Coimbra University, Portugal. mariannachaves@yahoo.com
authors.forename: Marianna
authors.initials: M
authors.lastname: Chaves
mesh_terms: D001938:Brazil; D005260:Female; D006297:Health Services Accessibility / Q000331:legislation & jurisprudence; D006716:Homosexuality; D006801:Humans; D008297:Male; D011174:Portugal; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence*; D013533:Gestational Carriers / Q000331:legislation & jurisprudence