Yes, surrogacy in Brazil is permitted under strict judicial oversight, primarily governed by the 2005 Brazilian Civil Code (Article 1,597) and Resolution 2,168/2017 from the Federal Council of Medicine (CFM). The legal framework allows altruistic surrogacy—where the surrogate receives no financial compensation beyond medical expenses—provided a judicial authorization is obtained prior to conception. Commercial surrogacy remains explicitly prohibited. Recent 2026 compliance shifts emphasize mandatory psychological evaluations for all parties and stricter enforcement of genetic linkage requirements between at least one intended parent and the child.
Key Regulations for Surrogacy in Brazil
- Altruistic Requirement: Surrogacy must be uncompensated; any form of payment to the surrogate is criminalized under Article 20 of Law 8,069/1990 (Statute of the Child and Adolescent).
- Judicial Authorization: A court order must approve the arrangement before embryo transfer, ensuring compliance with Article 1,597 of the Civil Code. The process involves verifying genetic ties to at least one intended parent.
- CFM Ethical Guidelines: Resolution 2,168/2017 mandates that surrogacy be limited to heterosexual couples or single women, excluding same-sex male couples unless one partner provides genetic material. Surrogates must be over 25, have at least one biological child, and undergo rigorous medical-psychological screening.