Reflexões sobre o direito ao conhecimento genético do concebido através da reprodução humana artificial heteróloga

Abstract

To the extent that the resolution of the Federal Council of Medicine, which deals with Assisted Reproduction Techniques in Brazil, determines the anonymity of the donor and the recipient of genetic material in the processes of heterologous human reproduction, research is done on the right to knowledge of the genetic origin of the conceived through the said reproductive process, even before the express provision of protection of the donor's identity. From this, a logical-deductive research is carried out, in light of historical data, constitutional and infra-constitutional rules and the jurisprudential understandings, observing also guidelines outlined by bioethics and the positioning of comparative law on the controversial. Given the above, it was found that both rights are inherent to the personality. However, because the right to anonymity does not have an absolute character, it may yield in some cases, which imposes the verification that the being conceived by means of assisted heterologous reproduction has the right to knowledge of its biological origin without this generating civil responsibilities to the donor