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Brazil: End of Age Limit for Assisted Fertilization

(Sept. 24, 2015) On September 22, 2015, the Brazilian Federal Council of Medicine (Conselho Federal de Medicina, CFM), issued Resolution No. 2,121/2015 on, inter alia, eliminating the need by women over 50 years of age to obtain the consent of a medical association in order to use assisted reproduction techniques in order to become pregnant. (Mulheres com mais de 50 anos poderão utilizar técnicas de reprodução assistida desde que assumam riscos juntamente com o médico, CFM website (Sept. 22, 2015); Resolução CFM No. 2.121/2015, CREMERS [Conselho Regional de Medicina do Estado do Rio Grande do Sul] (July 16, 2015) [it will enter into force upon publication in Brazil’s official gazette].) This Resolution allows such women to become pregnant by the use of artificial methods without asking in advance for the consent of a state Medicine Council, provided that the woman and her medical doctor take full responsibility for the risks involved in such a procedure.  (Novas Regras Autorizam Inseminação Artificial em Mulheres com Mais de 50 Anos VEJA (Sept. 22, 2015).)

The Resolution also regulates the donation of sperm, which can be done without restriction until the man planning to make the donation reaches the age of 50.  In the case of female egg donors, the donation can be made when both the giver and the receiver have reproduction problems, and they are both undergoing reproductive health treatment.  According to the CFM, the purpose of this measure is to put an end to egg-trading between women and reproduction clinics. (Id.)

In addition, the Resolution newly allows women who are in a homosexual relationship to have a shared pregnancy, in which one woman can transfer to the other the embryo generated from the fertilized egg of her partner. (Id.)

In the area of genetic diagnosis of embryos before implantation, the Resolution allows parents who have some genetic incompatibility to make a selection, either to prevent the birth of another child with serious health problems or to enable the treatment of a sick sibling using stem cells extracted from the umbilical cord of a newborn child. (Fertilização Assistida: Resolução CFM nº 2.121/2015 Estabelece Novas Normas, CREMERS (Sept. 22, 2015).)