A procriação medicamente assistida no ordenamento jurídico português: reflexão bioética

The Law nº 25/2016, from the 22nd of August, changed the Law of Medically Assisted Reproduction (Law nº 32/2006, from the 26th of July), established on the Portuguese legal order regarding surrogacy. So, in response to some of the challenges this law has aroused, the Constitutional Court recently pronounced, uttering the ruling nº 225/2018. In regards to the determinability of the legal regime that regulates such juridical business, the Constitutional Court concluded that, towards the restriction of rights, freedoms and guarantees of the surrogate, the legislator cannot resign from his function and refer the “control” of the juridical business to an administrative entity. In regards to the revocation of the surrogate’s consent, the Court understood, towards the existence of a conflict between the parental project of the beneficiaries and the parental project of the surrogate, the solution of the dispute should pursue the best interest of the child. In regards to the consequences of invalidity of the juridical business, the Constitutional Court considered the undifferentiated establishment of juridical effects of nullity disregards the superior interest of the child. Finally, regarding the anonymity of gametes donors and surrogates, the Court gave clear prevalence to the child’s right to know his/hers genetic origins and personal historicity in relation to the right of beneficiaries and surrogate to anonymity.