The Third Class of Superior Court of Justice authorized the inclusion of the names of the two mothers on the birth certificate of a child generated by home artificial insemination.
The case involves a two-year-old child whose only mother is listed on the birth register.
The São Paulo Court rejected the recognition of the duo maternityclaiming that the home insemination procedure is not regulated by law. The case then reached the STJ.
In a session held on Tuesday 15th, the ministers unanimously followed the understanding of the rapporteur, Nancy Andrighi, that free family planning indicates that home insemination must be protected by the legal system.
“While medical and specialized clinic monitoring is extremely important for planning conception through artificial insemination techniques, There is no explicit prohibition in the Brazilian legal system on the registration of filiation carried out through home artificial inseminationself-insemination”, stated the judge.
In these cases, the donor’s semen is introduced into the uterus of the woman who intends to become pregnant with the help of a syringe, without sex or monitoring by health professionals.
