BRAZIL Law and Practice Contributed by: Adriana Chieco, Camila Ieracitano Macedo Maia and Mabel Tucunduva Prieto de Souza, Chieco Advogados
Chieco Advogados Av Nove de Julho 4939 Primeiro Andar 11E - Itaim Bibi São Paulo SP 01407-100 Brazil Tel: +55 11 4550 3840 Email: administrativo@chieco.com.br Web: www.chieco.com.br
1. The Care Provider’s Ability to Take Decisions About the Child 1.1 Parental Responsibility Parental responsibilities are part of what the Brazilian Civil Code calls “parental authority”, a set of duties and rights that both parents have over their minor chil - dren (under 18 years old). Both parents exercise this authority, regardless of the status of the parents’ relationship, and it arises from both natural parenthood and legal or socio-affective parenthood. Parental authority is non-renounceable and non-transferable, even if the minor is under the temporary responsibility of a third party. It can, how - ever, be revoked by the courts in extreme cases or be extinguished through emancipation (ie, the parents agree to make minors aged between 16 and 18 capa - ble of all acts of civil life). Parents must assist, raise, educate and provide mate - rial and emotional support to their children, as well as exercise custody. They may grant or deny consent for the children to marry, travel abroad or move perma -
1.3 Requirements for Fathers As a rule, after birth, the father must acknowledge the child before the civil registry, taking with him a birth declaration ( declaração de nascido vivo – CNV) provided by the hospital. If the child was not born in a hospital, the parents must go to a registry office with two witnesses over the age of 18 who can confirm the pregnancy and birth. In this case, the birth declaration is issued by the registry office, or by the health depart - ment of the city or state. In Brazil, paternity is presumed during marriage or a “stable union” (a constitutionally recognised common- law union) in the following situations: • children born 180 days after the start of marital/ stable union cohabitation; and • children born within 300 days of the dissolution of the marriage (or stable union). Other cases of presumption relate to assisted repro - duction techniques, such as children born through homologous artificial insemination, that is, where genetic material from both parents is used (surrogate births), or heterologous artificial insemination, where some of the genetic material used is donated by a third party through legalised clinics and where the other parent has authorised the procedure. Parental rights arising from assisted reproduction techniques are not yet reflected in federal law, but are widely enforced by the courts and are the subject
nently to another city/state or country. 1.2 Requirements for Birth Mothers
The Brazilian Civil Code assumes that the mother is the one who gives birth to the child. Exceptions to this presumption are cases originating from assisted reproduction techniques (surrogate pregnancies), in which the birth mother will not have parental authority.
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