Coparenting and the lack of regulatory legislation for the effectiveness of the procreation contract

Abstract

This article is designed to reflect on the coparenting or responsible parenthood as a family institution recently adopted by Brazilians, whose premise is the procreation of children without the existence of conjugality and love bond, as well as analyze the contract for the generation of children that arose with this kind of family, ensuring the rights and duties arising together with this mode. This contractual model, although accepted in other countries, does not have specific legislation in Brazil, which creates instability for Brazilian coparental parents regarding the realization of this instrument and its particularities. In this way, in view of the context presented, it is desired to punctuate its general objective, by means of the hypothetical-deductive methodology, which is whether the legislative lack of the contract for the generation of children interferes with its efficiency. As a result of the study undertaken, it was shown that the lack of a regiment to regulate the coparental contractual instruments jeopardizes the agreement of several needs, among them the way of rearing the future offspring and the specific priorities of the family network, which are characteristics depending on each specific case.