The importance of documentation and legal recognition
Assisted reproduction as a method of building families offers, beyond the technical effectiveness of making this dream come true, the necessary legal documentation for secure birth registration and parentage recognition, especially for LGBTQIAP+ families, since the rights of these individuals are not regulated by law but are instead the result of social and political struggle, which led to court decisions favorable to the community.
Having the legal documents provided by the clinic assisting the assisted reproduction process is therefore a way of legitimizing the existence of these families. LGBTQIAP+ families have only been officially recognized since 2013, when the Federal Supreme Court equated Civil Marriage (CNJ Resolution No. 175/13) with Stable Unions permitted for same-sex couples (STF ADI No. 4277/11 and ADPF No. 132/11), while Assisted Reproduction was authorized in the same year through a resolution of the Federal Council of Medicine (CFM Resolution No. 2,013/13).
According to the provisions of CNJ Provision No. 83/2019, the documents required for the proper registration of parentage resulting from assisted reproduction performed at a fertility clinic, without the need for prior judicial authorization, are:
I — Declaration of Live Birth (DNV);
II — a statement, with notarized signature, from the technical director of the fertility clinic, center, or human reproduction service where the assisted reproduction procedure was performed, indicating that the child was conceived through heterologous assisted reproduction, as well as the names of the intended parents;
III — marriage certificate, certificate of conversion of a stable union into marriage,
public deed of stable union, or court ruling recognizing the couple’s stable union.
Therefore, when LGBTQIAP+ individuals choose Clínica Origen to build their family, one of our fundamental commitments is providing a welcoming experience throughout treatment, as well as ensuring they receive all the necessary documentation to guarantee their right to register their children.
