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The left Bloc's new bill on replacement pregnancy provides that the pregnant woman may cancel her consent until the moment of the child's registration, that is, to say that she can repent for the 20 days following her birth.
In a statement, APFertilidade considers that the BE proposal "responds to the weaknesses and unconstitutionality" highlighted in April by the judgment of the Constitutional Court, which found that it was not guaranteed to the woman pregnant the possibility of reconsidering the decision to deliver the child to the couple. However, the bill maintains "a critical position with respect to the negligence of beneficiaries' rights".
Mistrust and insecurity
"If, in the whole process, the most complex was finding a pregnant woman, amending the law opens the way for a constant mistrust and insecurity for couples as to whether their pregnant wife will maintain her commitment until she gets pregnant. at the birth of the child.For the pregnant woman who, by altruism, wants to help her daughter, her brother, her friend, someone who needs her immeasurable help, the fear of pregnancy is makes you feel under pressure and doubt, "stresses the association.
But, she adds, "if the pregnant woman has the right to repent, she should also have the right to be informed", before signing the contract with the couple, that "in withdrawing their consent, this could pave the way for a long and difficult court battle, and from which there will be tremendous pain for both parties. "
APFertility further believes that "if a case of repentance occurs, it will be exceptional". "The surrogacy processes will take place without checking the legal issue raised about the rights of the pregnant woman, considered a potential victim in a process in which she became involved on her own initiative," he said.
A pregnant woman is not a victim
The president of the association, Cláudia Vieira, said that if we consider that "the pregnant woman may be aggrieved in her rights, which can be instrumentalised in a surrogate pregnancy process, c 39 is to assume that this woman will help a deceived couple without awareness of their actions ".
"The pregnant woman is not a victim in this process, not a woman unaware of the consequences of her decision to help a couple in a totally selfless manner.These women are mostly members of the family of couples or very close people, "explains Cláudia Vieira.
It also points out that until April, women who had presented couples to the National Council for Medically Assisted Procreation had been "subjected to a thorough examination of their psychological and physical capacity to take this step, as well as the motivation of the victim ". his altruism ", and expressed no doubt about his contribution to the process.
APFertility hopes that this alternative, "unique for many, will remain accessible to those who really need it, without insecurity or fear, but with the hope that they will have the child that they desire. ".
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