A inseminação artificial caseira entre casais homoafetivos femininos: uma análise das implicações jurídicas e bioéticas no contexto brasileiro

Abstract

The present study aims to critically examine the phenomenon of home-based artificial insemination, with a specific focus on its use by female same-sex couples. Preliminary research conducted through internet searches reveals that social media platforms have become key channels for disseminating this practice, especially through online communities of women who wish to conceive and video content that functions as informal tutorials on self-insemination techniques. In this context, the research explores the legal and bioethical implications faced by women who resort to home insemination, particularly in the absence of specific regulatory frameworks governing this practice within Brazilian law. The informality of the procedure results in various legal uncertainties—not only for the prospective mothers but also for the resulting children and the third-party gamete donor. Despite these challenges and ambiguities, the number of female same-sex couples turning to home artificial insemination continues to rise. This growing trend is largely driven by the high costs associated with conventional treatments provided by assisted reproduction clinics authorized by the Federal Council of Medicine—procedures that require financial resources unavailable to most of the Brazilian population. Additionally, the public healthcare system unfortunately fails to provide effective access to reproductive health services. As a result, home insemination emerges as a pragmatic and accessible alternative for LGBTQIA+ women who wish to conceive but cannot afford clinical treatments. Addressing this issue requires a comprehensive understanding of multiple intersecting factors, including the fundamental rights guaranteed by the 1988 Federal Constitution—such as the right to family planning, access to healthcare, and human dignity—as well as the historical discrimination and prejudice faced by the LGBTQIA+ community in the country. The formulation and implementation of inclusive public policies thus represent a necessary step toward breaking cycles of marginalization and promoting equality and tolerance.