RIGHTS OF SAME-SEX PARENTS IN BRAZIL: LEGAL ADVANCES AND CHALLENGES IN THE FACE OF ASSISTED REPRODUCTION

Abstract

Homoaffective parenting in Brazil, especially in the context of assisted reproduction, is a topic of great legal and social relevance. Despite the advances achieved, such as the recognition of same-sex stable unions as family entities and the possibility of adoption and socio-affective parenthood by same-sex couples, there are still legal gaps that generate legal uncertainty. The absence of specific infraconstitutional legislation on parentage and assisted reproduction directly affects same-sex couples seeking to form a family, particularly due to difficulties in civil registration, doubts regarding multiparenthood, and issues related to inheritance rights. The aim of this study is to analyze the rights of homoaffective parenthood in Brazil, highlighting the main advances, challenges, and omissions within the legal framework. The research is qualitative, exploratory, and descriptive, based on bibliographic review and jurisprudential analysis. Academic publications, legislation such as the Federal Constitution, Civil Code, and the Child and Adolescent Statute (ECA), as well as resolutions of the Federal Council of Medicine, decisions from the Federal Supreme Court (STF) and the Superior Court of Justice (STJ), and institutional reports from 2020 to 2025 were consulted. The results show that, although there is legal recognition of homoaffective families, difficulties remain regarding the regulation of assisted reproduction, the lack of uniformity among civil registry offices, and the absence of clear norms addressing the specificities of these families. CFM Resolution No. 2,320/2022 regulates technical aspects, but does not fully address the legal demands involved. It is concluded that it is necessary to create specific legislation, standardize jurisprudential understandings, and implement public policies that ensure equality, legal certainty, and full protection of children, reaffirming the constitutional principles that guide contemporary Family Law.