A responsabilidade civil do doador nas inseminações caseiras

Abstract

This study examines the legal status of filiation in home artificial insemination. In this context, the transformation of the concept of family in Brazilian legislation reflects significant changes in the social, cultural, and legal spheres, especially with regard to filiation and the different forms of family formation. The 1988 Federal Constitution represented a milestone by recognizing the diversity of family configurations, moving away from models that were predominantly biological or based on marriage, and establishing principles such as human dignity, equality among children, and freedom in family planning. As a result, filiation came to be understood in a broader manner, valuing socio-affective bonds and the reproductive autonomy of individuals. Alongside these transformations, new reproductive approaches and methods began to be adopted by society, with home insemination standing out as an informal and unregulated option in comparison with assisted reproduction techniques offered by specialized clinics. This practice, often driven by the high costs associated with artificial insemination and the desire to increase accessibility, raises important legal issues, particularly with regard to the civil registration of the child, the presumption of parenthood within marriage or stable unions, and the requirement of consent from the spouse or partner in cases of heterologous insemination, in light of the provisions issued by the National Council of Justice. Home insemination also raises questions concerning fundamental rights, including human dignity, reproductive autonomy, and freedom in family planning, without disregarding the importance of comprehensive protection for children and adolescents. The absence of specific regulation generates legal uncertainty for both the parents and the donor, especially with respect to the determination of parenthood and the potential legal implications arising from this practice. In this context, the debate over the civil and child support liability of the donor in home insemination emerges. The lack of regulation allows for differing interpretations regarding existing rights and obligations, as well as the limits of the autonomy of the parties involved. Thus, the topic highlights the importance of a critical assessment of the current legal framework, emphasizing the risks of civil liability for the donor and the urgent need for a clearer regulatory approach that reflects contemporary social conditions.