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This research focuses on the issue of surrogate motherhood in private international law and is justified because of intense medical and scientific progress in the area and conflicts and litigations proposals for recognition of the nationality of children from the surrogate motherhood procedures as each country legislates according to the national reality, requiring discussions about the harmonization of interests internationally. Thus, the research seeks to question the contributions of the Hague Conference on Private International Law to the harmonization of legal systems in the field of surrogacy and especially what are its effects to the Brazilian legal system. To this end, the first topic investigates advances in assisted human reproduction technique focusing on surrogacy in order to find out how comparative law has found answers to the questions arising from the procedure. Subsequently, the study focuses on the study of Brazilian law and the related international effort verified by the Hague Conference. Finally, the paper identifies the national law suffers limitations to solve the problems arising from transnational surrogacy, and therefore the need for multilateral cooperation is emphasized so that, in unison, children’s rights are guaranteed. In this regard, we highlight the practical results obtained from the Hague Conference on resolving the problem of nonnationality. The theme also poses challenges for the future with regard to trafficking in children, the vulnerability of women involved in surrogate motherhood and the very burden of the contract.

revista da faculdade de direito ufpr

Os reflexos da Conferência de Haia sobre direito internacional privado em relação à anacionalidade decorrente da maternidade de substituição transnacional