Cessão de gametas masculinos para inseminação caseira e seus efeitos no ordenamento jurídico brasileiro

Abstract

This thesis is about the male gamete transfer agreement for home insemination, seeking to answer the following question: What are the effects of the male gamete transfer agreement on the subjects involved in home insemination, in light of the Brazilian legal system? Using an exploratory methodology, the objective was to investigate the effects of the male gamete transfer agreement among the subjects: the prospective mother, the donor, and the child being conceived. To this end, after the introductory chapter, the thesis was divided into four chapters. Initially, the thesis sought to examine the institution of filiation in its multiple modalities, as well as the transformations that have occurred in family relationships, especially since the enactment of the 1988 Federal Constitution, a milestone in which pluralism and human dignity are highlighted as guiding principles of Family Law, in addition to the impacts of assisted reproduction on filiation. Next, the study investigated the home insemination technique and the main guidelines on assisted reproduction established by the Federal Council of Medicine, focusing on its dissemination through social media and the bioethical challenges that emerge from this context. Subsequently, an analysis of the contract for the transfer of male gametes for home insemination was conducted, emphasizing the legal principles applicable to the topic, the definition of its legal nature, the legal framework, and the importance of the contractual instrument. Finally, the study examined the legal challenges arising from the effects of this contract regarding the establishment of parenthood by the individuals involved in the procedure, the establishment of the legal relationship with the donor of the genetic material, and aspects related to the civil registration of the child's birth and their respective rights. Furthermore, the study considered potential conflicts, highlighting the possibility of a negative parental conflict between the authors of the parental project and the sperm donor. The research concludes that agreements for the transfer of male gametes for home insemination should generally be recognized in the Brazilian legal system, producing effects that must be guided by the existential autonomy and objective good faith of the contracting parties, in full compliance with the constitutional principle of free family planning.