Yes, In Vitro Fertilization (IVF) is legal in Brazil, governed by Resolution 2,168/2017 from the Federal Council of Medicine (CFM), which establishes ethical and technical standards for assisted reproduction. The framework permits IVF for heterosexual couples, single women, and same-sex female couples, with embryo cryopreservation allowed for up to five years. Recent 2026 amendments to CFM Resolution 2,378/2023 expanded access, eliminating prior age caps for female patients and clarifying embryo disposition rights. The National Health Surveillance Agency (ANVISA) oversees laboratory accreditation, while the CFM enforces clinical protocols.
Key Regulations for In Vitro Fertilization (IVF) in Brazil
- Ethical Boundaries: CFM Resolution 2,378/2023 prohibits commercial surrogacy, gamete donation for profit, and sex selection unless for hereditary disease prevention. Posthumous reproduction requires prior written consent from the deceased partner.
- Embryo Management: Maximum of 8 embryos may be transferred per cycle, with mandatory cryopreservation of surplus embryos for up to 5 years. Destruction or donation to research requires explicit patient consent, per ANVISA’s 2024 guidelines.
- Patient Eligibility: Access is restricted to individuals aged 18–50 for women and 18–60 for men, with exceptions for fertility preservation in oncological cases. Same-sex male couples must use gestational surrogacy abroad due to domestic legal constraints.