O direito à identidade genética em conflito com o anonimato do doador de sêmen: aspectos bioéticos e jurídicos
No Thumbnail Available
Date
2016-06-30
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Catolica de Salvador
Abstract
This paper discusses the conflict between the anonymity of the sperm donor and the right to genetic identity in heterologous reproductive assisted technology. Deals with the search for the dream of infertile couples to have children, requiring sometimes the use of genetic material foreign to them. The principles of Bioethics and Biolaw discussing that pervade the advances in Biotechnology, in order to preserve humanity dignity. In Brazil, defends anonymity of semen donor, given that there is no specific legislation, only resolutions of the Federal Council of Medicine, generating ethical and legal considerations. There is a discrepancy between the semen donor contract, which must necessarily be free, and semen reception agreement, which is expensive and profitable for the assisted human reproduction clinics, as providing medical services by using genetic material obtained for free. Also, do not confuse the right to genetic identity with the right to paternity recognition. The principle of affectivity guides the Family Law, not being the biological father, in fact, the emotional individual's father. The right to genetic ancestry is linked to the personality rights of the human being, whose existence should be worthy, is the physical aspect or emotional / mental. It is clear, then, that there is a lack of legislation to ensure the right genetic identity, which would focus not on affective bonds, food and / or succession to the semen donor.
Description
Keywords
Reprodução assistida heteróloga, Contrato de doação de sêmen – Anonimato, Anonimato, Direito à identidade genética, Direitos de personalidade, Dignidade da pessoa humana, Assisted reproduction heterologous, Contract semen donation, Anonymity, Right to genetic identity, Personality rights, Dignity of human person