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Brazil: Surrogate Motherhood

(Aug. 5, 2010) The Justice Tribunal of the State of São Paulo (Corregedoria do Serviço de Controle das Unidades Extrajudiciais do Tribunal de Justiça de São Paulo) in Brazil authorized a couple who donated genetic material to a surrogate mother to register the child in their names, despite an appeal filed by the Prosecutor's Office to include the name of the woman who carried the child on the child's birth certificate.

Surrogate motherhood is not prohibited by law in Brazil, but it cannot have commercial purposes, and, according to the judge who decided the case, the surrogate mother said that she did not consider the child to be hers. Therefore, the judge stated, to include the surrogate's mother name on the child's birth certificate would be harmful to the child, because the surrogate mother would not contribute to the support and education of the child. (O Registro da Criança de Barriga de Aluguel, JURID (July 30, 2010),