Inseminação artificial heteróloga: conflito entre o direito à identidade genética e o sigilo do doador

Abstract

The right to knowledge of genetic origin and the right to confidentiality of the donor of the genetic material are rights that may cause conflicts in a relationship of assisted human reproduction through the heterologous artificial insemination technique. The genetic identity, which is a fundamental right and is constitutionally protected personal, as far as the confidentiality of the donor of the genetic material, which likewise is backed by the Brazilian legal system. This study this is a monograph, from the bibliographical research, comparative law analysis about the laws in four countries, Italy, Portugal, England and Brazil, on the subject-Heterologous Artificial insemination: conflict between the right to genetic identity and the confidentiality of the donor. The study looked at the conflict that arises in the context of the right to know the genetic identity by the son generated by heterologous artificial insemination technique and the right to anonymity of the donor of the genetic material. To fulfill the purpose of the study were used information sources, including books, constitutions and laws of the countries in evidence, scientific articles in vehicles sites. The prospect of potential study is that by bringing up the discussion of the right to a person's genetic origin generated in this process, we can offer subsidies of understanding and improvement of postures in referrals of actions on reproductive processes artificial as well as involved in the process to elucidate appropriate solutions to the conflict between rights.