Th book “The right to have childer out of sexuality”, by the jurist and psychoanalyst Silvane Marian Marchesini, will be released next Friday (13), in Curitiba, at the III Sustainability Forum, Citizenship and Justice, TRT9r , brings to light one of the most compelling issues nowadays: artificial insemination and adoption of children by homosexuals and its psychological effects on children’s universe.
The book is a scientific research based on Lacanian psychoanalysis and is also a warning to mankind. Suggests the law to adopt precautionary principle before defining and legalizing the issue.
For making an analytical reading by both area of law as psychoanalysis, for her enhanced professional and academic background, the author can speak properly about it.
She is the first Brazilian jurist (30 years of practice as a lawyer), graduated in Psychology, Master and PhD in Psychoanalisys, this latest title, by the Nice University, in France. “The law should adopt the precautionary principle, since human procreation in laboratory and out of sexuality is very recent in human history, whether for heterosexual or homosexual couples”, emphasizes her. “The court should consider the psychological effects on children are not clearly defined”.
Psychoanalysts wonder whether the fabrication of child in laboratories, in Medicine ways, or even homoparental adoption would cause sexual identity problems for these children, as it is known that the child, by the psychoanalysis studies, build his sexual identity from the functions: first mother’s place, then the father, then by influence of ideal transmitted in speeches and social relationships.
Currently, psychoanalysts worldwide accompany children inseminated and adopted and research about idiomatic consequences of removing the father and mother words of such civil relations. They wonder, anthropologists and psychoanalysts, if a man can make the maternal role, as a woman can do the paternal function and be called as a father, and, besides, what the symbolic consequences for next generations.
According to French psychoanalyst Jean Pierre Winter, the argument of the adoption of children, or to take advantage of technology to make children in the name of love end the discussion, as love is not proven, but experienced. He says that love is largely unconscious, is never pure, it is always mixed with hatred, so it is necessary to appreciate the consequences of these speeches not only morally but socio-political, in that it aims to innovate regarding rights. He says that love is not enough to build a stable community.
“In the name of love they are ridiculing not only the legal law but also the fundamental law of humanity that is the interdiction of incest and language,” he writes.
Observes that incest is a interdiction, so if a homosexual couple can not have children and inseminates artificially someone in the family, it releases a legalized incest. The basis of all legal normative scale is: thou shalt not kill another human, not eat human flesh, not kill the father and mother and not will practice incest.
In France it is forbidden the substitute pregnancy (surrogate mother), whether for heterosexual couples and for homosexual. There is a law project which aims to criminalize both parents of intent, as health professionals, for crimes against humanity and eugenics (race control). When referring to control races, raise the question of the object and the trade of human beings. Monopoly (USA) thereof gametes (sperm and eggs) produces children on every continent, who become related to each other.
One of the paradigmatic cases in France is the twin of Familie Mennesson, who were generated by surrogate mother in California and do not obtain the recognition of civil status in the book of French family. The French court asks who is the mother of the child, if the egg donor (friend of the couple), the substitutionary pregnant women (a Californian), or Mrs. Mennesson.
The jurist and French psychoanalyst Pierre Legendre says that in cases of surgery of redefinition of sex of fathers of families occurs the reduction of children’s rights.
That is, the children lose their references of father and mother in civil status documents. Silvane Maria Marchesini asks in his book, for reflection, which is the general interest of human society to institute a new rule on the Membership and Relationship, which will reach everyone, based on sexual indifference and generations, and in the absence of sexuality. The continuation of the species is going to be determined by medically assisted procreation and the gametes market.
In this jus-psychoanalytical ethical debate (Justice and psychoanalysis) wonders then who should be privileged: parents of intention, parents of origin, third donor, and / or alternative pregnant women, the unborn child or available for adoption or the society? Anyway, what is a family for generations to come and if there is a new right to have or produce children?
“We live in a time of medicalization of bodies, where medical technology is involved in birth, in living and dying. So we need to reflect on the production of children, as well as homoparental adoption, since love and education are essential to child, but certainly are not sufficient criteria to justify membership and kinship, “concludes the author.
Silvane Maria Marchesini research for more than 20 years the building of “individual” who is regulated as a citizen in law.
The Law on Transfer Subject is his first book and presents the first part of the research, which expands the question of subjectivity, considering the unconscious aspect of being. For example, the study of unconscious reasons of homosexualities, starting to be considered in legal identification criteria.
Seeking information about what is homosexuality in the unconscious and whether it can be considered a third sex. “At first, my search was to recognize who was the citizen regulated by law, including, for thinking that the law did not consider the identity of homosexuals. So at the beginning I proposed that the law to broaden the way to identify people considering the psychic structures, neurosis, perversion and psychosis, so the individual was not identified only as social security number and ID.
The French psychoanalyst Serge Lesourd was supervisor of doctoral thesis of Silvane Marchesini. The professional is author of several books on children and adolescents, some being published in Brazil. Serge Lesourd prefaces the book of the jurist and psychoanalyst and punctuates it very clearly: “(…) a single question arises to which this book is harnessed, is that if the Medically Assisted Procreation and procreation by Others were invented to remedy the situations of an impossible procreation, potentially possible, when they are applied to homosexual couples, they come to remedy a really impossible procreation, it is a negation of the real, a refusal to impossible. (…)
What in the background, comes to the fore as an issue in these debates is the right to have a child out of sexuality, and this issue is so urgent, that work is the work of Silvane Marchesini, rigorously. (…). This book, thus, participates in Anthropology, and particularly that special trunk, opened by Claude Levi-Strauss who studies the relationship of the human to the limit, the impossible and the real. (…) “.
Eduardo de Oliveira Leite
Other enlightening words were of Prof. Tit. Dr. Eduardo de Oliveira Lima, Brazilian jurist. He confesses that when he received Silvane Marchesini work to appreciate it, hesitated, fearing face another merely ideological proposal without scientific content. “(…) It was not however what occurred. Since reading the first few pages of her monograph I was convinced that was before a scientific paper with unprecedented questioning and permeating the large and remarkable erudition. (…) .Here the speech is of unusual severity because shifting the center of attention of the adult bias rescues – with intensity – the higher interests of the child (not questioned or heard) on the structured project out (or unrelated) claim that the child is not even assessed (…). “.
Book Cover – Illustrates the book cover the symbols of Egyptian mythology, Isis, Osiris and Horus. “Isis is the current symbol of genetics and human procreation in the laboratory,” explains Silvane.