In this master's thesis, the issue of discrimination against the homosexual subject is discussed
through the relation between homosexuality, parenting and assisted reproduction. It seeks to
analyze to what extent the parental rights of the homosexual person are vilified by social
practice and state powers. For this, the work is divided into three chapters: the first deals with
the role of the State in the construction and reproduction of a heterosexist social reality, and
how this dominant logic, based on a system of oppositions, is decisive for the subjection of
individuals who do not follow the hegemonic sexual order. The perpetuation of this rationality
unfolds in discriminations and social marginalizations that prevent the homosexual person from
exercising his rights equally to other citizens. Only in the last years has been seen a more
egalitarian treatment in relation to these individuals in Brazil, with the recognition of some
rights claimed, such as the possibility of contracting marriage. The purpose of the second
chapter is to evaluate the current family situation protected by the Brazilian legal system and to
examine the framework given by the decision of the Federal Supreme Court to recognize the
homoaffective union as a family entity. The third and final chapter deals with homoaffective
parenting in the context of assisted reproduction, with emphasis on the specificities of this
scenario, legal protection and access to reproductive technologies. The research and
development of the dissertation was based on the doctrinal construction related to the subject,
based on relevant scientific books and articles, documental analysis and semi-structured
interviews directed to professionals working in the area of human reproduction. Finally, it is
concluded that the validity of a heterosexist hegemonic order has a substantial impact on the
enjoyment of the parental rights of the homosexual person, either by discriminating against the
family dynamics or by compelling them to submit to the dominant living standards, interfering
with their freedom of exercising parenthood.
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