Reprodução assistida heteróloga e o anonimato do doador.

Abstract

The present monograph aims to analyze the possibilities of breaching the anonymity of the donor of genetic material in heterologous human assisted reproduction and its possible legal consequences in Brazil. Human assisted reproduction is one of the greatest advances in the field of medicine and science and over the years the demand has been growing in the country. One of its techniques is the heterologous one, which is extremely relevant to the success of the treatment, with an anonymous third party who donates its genetic material. However, there is a conflict, as the conceived person's desire to know its genetic origin may arise or the anonymity may be breached. Therefore, this research seeks to investigate whether in Brazil the conceived that was generated by the heterologous assisted reproduction technique has the right to know its genetic origin and the legal consequences resulting from the breach of anonymity. There is no rule in the legal system that regulates the subject and those involved are subject to the ethical rules of the Federal Council of Medicine (Conselho Federal de Medicina). Through the deductive approach method, it was sought to analyze information from legislative research, doctrines, articles, theses, monographs, analysis of jurisprudence and websites that address the proposed subject. The study of the theme is of fundamental importance, since the donor's anonymity must be maintained so that the heterologous assisted reproduction technique continues to solve the problems of individuals who cannot naturally generate a child, recognizing, however, the new advances regarding the donation among sisters in heterologous human assisted reproduction.