Surrogacy in Brazil: costs, legal status and how the process works

1. Surrogacy in Brazil: the legal framework
2. Benefits of FHRG programmes for Portuguese families
3. Who can use surrogacy in Brazil?
4. Surrogacy in Brazil: how the process works
5. Requirements for a surrogate in Brazil
6. Cost of surrogacy in Brazil

People who cannot carry a pregnancy themselves should be aware that surrogacy in Brazil is subject to strict rules and a number of family-related and legal restrictions.

Unlike countries that may permit commercial programmes, Brazil imposes specific requirements. Below, we explain how its system works, which medical rules apply and why FHRG's comprehensive international programmes may offer an alternative for European families.

Surrogacy in Brazil: the legal framework

Brazil has no single federal law comprehensively governing assisted reproductive technologies. The principal rules are set out in resolutions issued by the Federal Council of Medicine (Conselho Federal de Medicina). A defining feature is that surrogacy in Brazil is permitted only on a non-commercial basis.

Arrangements must be strictly altruistic, and payment for carrying a pregnancy is prohibited. Commercial surrogacy therefore has no legal standing in Brazil.

As a general rule, the woman carrying the pregnancy must be a relative of one of the intended parents, up to the fourth degree of kinship. If no suitable relative is available, authorisation from the competent Regional Council of Medicine (Conselho Regional de Medicina) may be required.

Who can use surrogacy in Brazil?

Assisted reproduction is available to different kinds of families. Before pursuing a surrogacy programme or comparing its costs, however, there must be a medical or biological reason why the person concerned, or one of the partners, cannot carry a pregnancy. Eligible applicants may include:

• heterosexual couples who are married or in a stable partnership;
• single people, regardless of marital status;
• same-sex couples, whether two women or two men.

The central requirement is a medical or biological reason why the person cannot carry the pregnancy themselves. This may include the absence of a uterus, as well as male couples or single men.

Surrogacy in Brazil: how the process works

The process may include an initial consultation and medical assessment, selection of a surrogate, assisted reproduction and embryo transfer, followed by delivery and legal establishment of parentage. The stages are as follows:

• The intended parents first undergo a clinical assessment and, where necessary, the participants also receive a psychological evaluation.
• The prospective surrogate undergoes the required examinations to establish that she meets the medical criteria for carrying a pregnancy.
• Embryos are created in a laboratory through IVF using genetic material from the intended parents or donors where needed. A selected embryo is then transferred to the surrogate's uterus.
• At delivery and during civil registration, documents are submitted to demonstrate the altruistic nature of the arrangement and compliance with the rules. After birth, the child is registered in accordance with the applicable procedures.

The entire process is regulated, but paperwork and consular procedures may take longer for foreign nationals.

Requirements for a surrogate in Brazil

The Federal Council of Medicine sets specific requirements relating to a prospective surrogate's personal circumstances and health:

• age within the applicable medical limits;
• previous motherhood, with at least one living child;
• written consent from a spouse or partner where required;
• compliance with the medical criteria for carrying a pregnancy;
• no commercial purpose;
• the required degree of kinship with an intended parent, unless a special authorisation has been granted.

These conditions must be met for the arrangement to comply with the rules in force in Brazil.

Cost of surrogacy in Brazil

Under the Federal Council of Medicine's rules, surrogacy in Brazil cannot be commercial or profit-making. For those considering options abroad, FHRG offers programmes in other jurisdictions, including its Affordable Plan (Plano Acessível), with the birth taking place in Ukraine.

The base price of this programme is €49,000. It includes unlimited IVF attempts using donor eggs, support for the surrogate, medical care throughout pregnancy and delivery, legal assistance, document preparation and various services for the intended parents. Depending on medical needs and the options selected, additional charges may apply:

These amounts are added to the base price only if the corresponding service is needed or selected. The final cost may therefore vary depending on medical circumstances and the programme terms.

Benefits of FHRG programmes for Portuguese families

For Portuguese citizens who cannot or do not wish to follow the Brazilian model, Feskov Human Reproduction Group programmes may offer an alternative. The clinic provides comprehensive packages with different conditions and levels of coverage.

Under its guaranteed programmes, FHRG covers the cost of repeat IVF attempts as specified in the contract. The clinic also has its own cryobank, embryology laboratories, a permanent medical team and legal support throughout the process.