Assisted Human Reproduction

Regulation in Brazil and Spain

Abstract

Introduction: Assisted human reproduction (AHR) is defined as a technique used in the treatment of marital infertility, which involves the manipulation of at least one of the gametes. RHA can be divided into several techniques, but the main ones are: intrauterine artificial insemination (IUI), in vitro fertilization (IVF), intracytoplasmic sperm injection (ICIS) and frozen embryo transfer (ECT).
Objective: To reflect on assisted human reproduction, based on a comparative study of chronologically listed normative bases, between Brazil and Spain. The regulations were identified through legislative and bibliographic research.
Methods: This is a bibliographic review, in which 12 bibliographic review articles were analyzed, where the initial time frame of the normative research was the year 1984, in view of the first in vitro fertilization in Spain and extended to the year 2021, date of publication of the last Brazilian regulatory standard on Assisted Human Reproduction Therapy.
Results: The wording highlighted the differences between the laws of the two countries. Despite both regulations being guided by similar constitutional principles, Spain presents ordinary legislation on the subject, with an interpretation centered on biologism and genetic origin, while Brazil presents sparse legislation and infralegal regulations for the regulation of the subject, whose application gives rise to emphasis on affective bonds and reproductive rights.