O direito à identidade genética frente ao direito de anonimato do doador na reprodução assistida heteróloga.

Abstract

Heterologous assisted reproduction is a reproductive method used by some peopleas a means of fulfilling the family project of having children. However, legislative omission on the subject generates legal concerns. This research is based on the following problem question: How to balance the right to genetic identity of the individual conceived through heterologous assisted reproduction with the right to anonymity of the donor, considering the ethical, legal and social aspects involved? Thus, the present work aims to analyze the feasibility of relativizing the collision of fundamental rights that stipulates the anonymity of the donor and the right of the conceived to know their genetic origin, providing explanations about some assisted reproduction techniques, in addition to addressing and study constitutional principles and rights that involve the topic, especially the principle of human dignity and theright to personality. In view of this, the method used was deductive with a qualitative approach to the matter. As the topic refers to this collision of fundamental rights, there is a doctrinal consensus that there is no prior right superior to the other and in the face of legislative omission, it is up to the judiciary to analyze each case. In the actions assessed, there is little demand from individuals conceived of this techniquein search of investigation into their genetic origins, unlike the comparison demandsfor actions of people adopted in search of this investigation. This analogy is observedthrough art. 48 of the ECA, which allows the adoptee the right to investigate genetic origin.