Contractualization in artificial insemination and women’s right to hold cryopreserved biological material in case of divorce Ana Carolina Dutra de Aguiar, Patrícia Gorish

Abstract

As a growing number of couples adhere to artificial insemination in the pursuit of a family project, legal and ethical dilemmas emerge in relation to cryopreserved biological material, especially in cases of divorce, when questions are raised concerning autonomy, reproductive rights, and the clarity of contractual clauses guiding the procedures. This article proposes the analysis of questions such as: What are women`s  rights in relation to possession and decision on disposal of cryopreserved biological material? How can the lack of contractualization in artificial insemination put women in a vulnerable situation, as opposed to the fundamental principles of dignity and family planning? As a hypothesis, the contractualization of artificial insemination is a crucial tool to define the rights and responsibilities of the parties involved, but it may not be explicit or comprehensive enough to deal with complex scenarios such as divorce.