Civil liability for existential damages resulting from the practice of home artificial insemination in light of Bill No. 04/2025 (Reform of the Civil Code)

Abstract

This article focuses on the (im)possibility of civil liability for existential damage resulting from the practice of home artificial insemination (self-insemination), in light of Bill No. 4/2025, which proposes updating the Civil Code. Initially, issues related to illegality and civil liability were analyzed, especially the provisions that amend Articles 186 and 927. Similarly, the text proposed to evaluate the new provisions regarding assisted human reproduction (Articles 1,629-A and 1,629-E), which condition the legality of the practice on the use of scientifically accepted medical techniques under specialized supervision. Based on this, taking into account the distinction between unlawful acts and fault, it was demonstrated that self-insemination, performed without medical supervision, constitutes unlawful conduct. Next, existential damage was discussed as an autonomous category of injury to human dignity, characterized by the restriction of the free development of personality. Finally, it was concluded that, in cases where home insemination results in malformations, diseases, or permanent limitations to the offspring, there is a potential violation of the existential dimension of the unborn child, giving rise to civil liability for those involved. The study, which is theoretical and normative in nature, seeks to contribute to the reflection on the ethical and legal limits of unregulated assisted reproduction in the Brazilian legal system.