The Legal Challenges of Recognizing Non-biological Transmasculine Paternity

Abstract

The recognition of non-biological trans paternity in the civil registry presents legal challenges in Brazil. This article discusses the importance of reproductive health and fundamental rights, emphasizing the need for equitable access to assisted reproduction techniques. Procreation is essential for human dignity and personality rights, allowing the continuity of the species and personal fulfillment. Assisted reproduction techniques emerge as a solution for family planning for those who face limitations in natural procreation. However, the lack of specific regulation creates legal uncertainty. The Unified Health System (SUS) offers assisted reproduction free of charge, but demand is high and access is limited. Many resort to home insemination, an unregulated practice that can pose health risks and legal complications. Home insemination, or self-insemination, involves risks such as infections, compromised semen quality and lack of medical support. Legally, it can lead to disputes over paternity, financial responsibilities and make civil registration difficult due to the lack of formal documentation. Looking at non-biological trans fatherhood, a trans man who assumes fatherhood of a child without contributing genetically faces legal challenges. Brazilian legislation, with a heterocisnormative basis, does not offer clear solutions, creating uncertainty for the legal recognition of paternal-filial bonds. It was found that legislative updating is essential to cover all forms of reproduction, ensuring legal certainty and protection of the rights of all families.