BRAZIL Law and Practice Contributed by: Adriana Chieco, Camila Ieracitano Macedo Maia and Mabel Tucunduva Prieto de Souza, Chieco Advogados
of Resolution 149/2023 from the National Council of Justice (CNJ) and Resolution 2.320/2022 from the Federal Council of Medicine (CFM). Furthermore, a project for a bill to review and update the Brazilian Civil Code (PL No 04/2025), which includes provisions on these rights, was submitted to the National Congress and is currently under review at the Senate. As a result, it is possible that federal law on this matter will be enacted within a few years. 1.4 Requirements for Non-Genetic Parents There are three possibilities for non-biological parent - age: • adoption (see 1.7 Adoption ); • assisted reproduction techniques with genetic materials donated from a third party; and • socio-affective parentage. In the case of assisted reproduction parentage, although the genetic material comes from a third par - ty, Resolution 149/2023 of the CNJ and Resolution 2.320/2022 of the CFM allow the registration of these children by the receivers of the donated genetic mate - rial, and not by the donor. Socio-affective parenting allows parents and children to declare each other as family through affection. This possibility was admitted by a Federal Supreme Court ( Supremo Tribunal Federal STF) ruling (RE 898.060/ SC) from 2016 and has been widely applied ever since. It is often seen in cases of children being raised by stepfathers or stepmothers. The recognition of fili - ation can be made at a notary’s office or by means of a lawsuit, depending on the circumstances. The express recognition of socio-affective parenting and the proceedings for obtaining such a provision are also a subject of PL No 04/2025 (a review and modification of the Civil Code). 1.5 Relevance of Marriage at Point of Conception or Birth As mentioned in 1.3 Requirements for Fathers , there is a presumption of parenthood for children born dur - ing the marriage. This presumption is relative and can
be challenged, and DNA testing might be used if nec - essary. Parents do not, however, need to be married to reg - ister their child. The parents’ declaration to a notary public is the only document necessary. If there is no declaration signed by the father, the mother can reg - ister the child only with her name, and the father can register the paternity at any time, spontaneously or in There is no difference when it comes to parenting for same-sex couples, who can exercise custody or establish cohabitation with their children just like het - erosexual couples. 1.7 Adoption Adoption is regulated by two statutes: the Child and Adolescent Statute (CAS) and the Adoption Law (Law No 13.509/2017). Adoption is a parental-child bond created by choice, and not by biological ties. In Brazil, it is possible to adopt children, adolescents and adults. compliance with a judicial decision. 1.6 Same-Sex Relationships Adoption is an exceptional measure that should only be taken when it is impossible to keep the child or adolescent together with the natural family (ie, the parents) or with the so-called extended family (close relatives). The adopter must be over 18 and at least 16 years older than the child or adolescent they want to adopt, have family and financial stability – as well as no crimi - nal record – and be prepared to undergo a social and psychological assessment. The full proceeding includes a thorough family analysis. Also, there may be a waiting list for newborns and young toddlers. Adoption is available for couples, regardless of sexual orientation (bilateral adoption), and for individuals. It is also possible for a stepfather or stepmother to adopt their stepchild in a so-called unilateral adoption. Once the adoption proceeding is finalised, the legal and familial ties between the child and their biological family (one parent in the unilateral adoption and both
26 CHAMBERS.COM
Powered by FlippingBook