On September 2, 2022, Brazilian President Jair Bolsonaro promulgated Law No. 14,443, which determines the deadline for providing contraceptive methods and techniques and regulates conditions for sterilization within the scope of family planning. (Law No. 14,443 of September 2, 2022, amending Law No. 9,623 of January 12, 1996, regulating Federal Constitution art. 226(§ 7).)
Law No. 14,443 lowers the minimum age for voluntary sterilization from 25 to 21 years but provides that the minimum age is not required for anyone who already has at least two living children. It also allows the procedure to be performed on women immediately after childbirth and revokes the provision of Law No. 9,623 requiring express consent of both spouses for sterilization.
The new law maintains the previous requirement of a minimum of 60 days between the woman’s decision to undergo surgical sterilization and the performance of the procedure, but innovates by allowing the woman to be sterilized during the delivery period. The text also guarantees that any method and technique of contraception must be made available for the purpose of family planning within 30 days after a clinical evaluation.
The amendments will enter into force 180 days of their publication in the official gazette.