Homoparentalidade por meio da inseminação artificial caseira: garantia ao exercício do direito à família.

Abstract

Families formed by homosexual couples who intend to carry out a parental project, as they cannot bear children biologically, resort to adoption or artificial reproduction techniques. Those who choose this second possibility face the high prices of the techniques and the restricted range of availability of these techniques through the public health system. For this reason, they end up using an informal technique, called self-insemination or homemade artificial insemination. The problem with using this type of fertilization is that the legal consequences, specifically the issue of registration of dual maternity or dual paternity of the child borned by this method of insemination, is not regulated by Brazilian law, which makes the homoparental families face obstacles regarding the registration of their children borned through self-insemination. Therefore, the present article aims to critically examine the issue of the motherhood and fatherhood resulting from the use of homemade artificial insemination by families formed by homosexual couples, bringing to analysis the Brazilian jurisprudence on the subject and identifying a possible solution to the problem.