Authored by the student Ana Carolina Pedrosa Massaro, the doctoral research project entitled “Guardianship of the Rights of the Unborn Consumer in Front of Surrogacy in Brazil and France”, developed by the Stricto Sensu Graduate Program in Collective Rights and Citizenship (PPGDCC) in partnership with the Université de Paris Ouest Nanterre la Défense, was selected to be awarded a co-financing grant with France.

The study, co-supervised by professors Maria Cristina Vidotte Blanco Tárrega, from Unaerp, and Eric Millard, from the Université de Paris Ouest Nanterre la Défense - and visiting professor at the PPGDCC, investigates the rights of the unborn, the being that is still in the mother's womb facing the surrogacy, popularly known as “surrogate mother”, carried out in Brazil and France, countries with very different laws.

In Brazil, there are no laws focused exclusively on surrogacy, only guidelines related to medical ethics. In contrast, France has legislation that prohibits surrogacy. The thesis therefore starts from the assumption that, in the face of a pregnancy by international surrogacy, the unborn child is often completely helpless, because there is no specific legislation to defend their interests, since the contract to carry out this pregnancy may have occurred in States that have conflicting laws.

Dedicating herself to studying the subject since her Master's, defended at Unaerp in 2020, Ana Carolina proposes in her doctoral research project that, in order to face this situation in two countries, one that authorizes and the other that prohibits, it is necessary to take into account the consumer law.

"When someone hires a surrogate, there is a consumption relationship. Therefore, if the unborn child is treated as a consumer, it is possible to protect their essential rights, such as the right to life, health, and the right to be born alive. I need to analyze what the unborn child is in France and Brazil and how to equate them to a consumer can be an effective way to protect their interests, and how surrogacy takes place in these two countries with such different laws”, explains the researcher.

Encouraged by the guiding professors, the doctoral student participated in a selection process, maintained by the French Embassy in Brazil, to finance the mobility of Brazilian students in the European country. In all, seven researchers were selected, among them Ana Carolina, who secured the third classification. Among the criteria for approval were the analysis of the student's curriculum, the mentoring professor and the quality of Unaerp, among other items. In addition to French funding, the study also has financial support from the Brazilian Government, through CAPES.

The research project will be carried out over four years, three in Brazil and one in France, where the student will arrive in September. For the doctoral student, the scholarship opportunity and the development of research on the European continent will have positive impacts on her professional and academic career. “With the possibility of funding, my research became international, which will help me get my doctorate at the University of Paris and the University of Ribeirão Preto. With that, I will be able to teach classes in institutions in Brazil, Europe and Latin America in general”.

As it is a study developed between two governments, the Brazilian and the French, another benefit highlighted by Ana Carolina is the possibility of disseminating the research internationally. “I am grateful to Unaerp for this chance; the professors have always encouraged me since the Master's, not only my supervisor, but the entire postgraduate faculty, the secretariat. I am very happy, I would not have had this opportunity without all the support of the University”, she concludes.

According to the coordinator of the Graduate Program in Law, Professor Sebastião Sérgio da Silveira, the achievement is very important for UNAERP, as it demonstrates the degree of maturity and recognition achieved. "The two scholarships are very competitive and only brilliant students and consolidated programs obtain them. Therefore, all the members of the Program are proud of this important achievement, in the expectation that it will be an example for others to follow the same path", concludes the professor.


Ana Carolina has been studying the surrogacy since her Master's