Assisted Reproduction: Self-Insemination and Its Legal Implications and the Alterations by Resolution n. 2294/2021 of the Federal Council of Medicine

Abstract

This article aims to bring some reflections on assisted reproduction, especially in relation to self-insemination, as well as the main changes in the current Resolution of the Federal Council of Medicine about the subject. It mentions some incompletions of Brazilian Civil Code regarding assisted reproduction and then brings to discussion the issue of self- insemination, especially the lack of rules and consequently the problems that can arise to characterize parenthood or not. The article also analyzes some points of Resolution 2294/2021 of the Federal Council on assisted reproduction in which it differs from the previous one and discusses some issues raised there. Through doctrinal and jurisprudential research, the progress in the use of homemade inseminations is addressed and the problems that arise in certain cases are analyzed. Using the deductive method, in addition to doctrinal and jurisprudential analysis, it compares the latest resolutions of the Federal Council of Medicine that deal with assisted reproduction and raises some questions about what has changed. It defends that the law still needs to make progress on this issue and that the conceived child should not suffer from an existing loophole, especially in relation to the use of self-insemination.