RS court rules that ex-spouse cannot be forced to be a father after divorce in case of frozen embryos

In the first instance, the man's request was rejected. The decision authorized the transfer of embryos regardless of their agreement. However, he appealed to the TJRS. When analyzing the case, the judge rapporteur Gláucia Dipp Dreher understood that the consent given during the marriage cannot be considered permanent after the dissolution of the marital bond. Consent According to the judge, the use of embryos requires consent that remains valid until the moment of embryo transfer. For her, when one of the ex-spouses expresses opposition to having a child after the divorce, this desire cannot be replaced by a court decision. In her vote, Judge Dreher also stated that the desire to exercise biological motherhood, despite having constitutional protection, does not override the other party's right not to be a father. According to the judge, the reproductive autonomy of both must be preserved. The rapporteur also highlighted that the decision takes into account the principle of equality between men and women in rights and obligations, in addition to the principles of family planning, autonomy of will and responsible parenthood provided for in the Federal Constitution. Another point highlighted was that a possible pregnancy would not guarantee, in itself, all the rights related to parenthood, such as assistance, emotional support, affection and civil and property rights. When justifying the change in sentence, Dreher noted that both the legislation and the rules of the Federal Council of Medicine require a current expression of will to use the embryos. Thus, consent signed before, during the marriage, would not be sufficient to authorize implantation when one of the ex-spouses revokes their consent after the divorce. Court of Justice of Rio Grande do Sul (TJRS) Carlos Edler/ Agencia RBS VIDEOS: Everything about RS