Medically Assisted Reproduction Techniques with Gamete Donors Analyzed from the Perspective of the Rights of the Person To Be Born

Abstract

This research aims to analyze the techniques of medically assisted reproduction with donor gamete and the norms issued by the Federal Council of Medicine and the National Council of Justice on the subject, based on the rights of the person who will be born. The research was carried out by applying the inductive method and the techniques of bibliographic survey, documental research, referent, bibliographic review and annotations. In the context of assisted reproduction techniques with donor gamete, the affiliation established between the individual generated by the use of this procedure and the father who did not provide the gamete, it will be socio-affective, which receives equal treatment in relation to the others due to formal isonomy between species of parentage. In the absence of legislation on assisted reproduction techniques with donor gamete, the Federal Council of Medicine elaborated Resolution nº 2294/2021, which prescribes the secrecy of these procedures and the anonymity of the genetic material donor. This provision violates the right to genetic identity that guarantees the individual's knowledge of their genetic ancestry. This right does not matter in the establishment of a filiation bond, but only embodies a personality right, which is also a fundamental right, of the person to know his biological origin, his personal historicity, as well as guaranteeing the verification of marital impediments between people who share the same genetic heritage. The removal of the anonymity of the gamete donors on behalf of the individual conceived through the use of these techniques is imperative, in order to respect the principle of human dignity and to preserve their life and their health.