Reprodução assistida heteróloga: o conflito entre o direito ao anonimato do doador e o direito à identidade genética

Abstract

The present research aims at analyzing the extent to which the human being conceived from heterologous assisted human reproduction, the one made from the genetic material of a third party, has the right to genetic identity, even though the donor of the fertilizing material has the right to anonymity. To do so, in the first moment will be approached the bioethical theme and its ethical conflicts in assisted human reproduction. In the second moment, it is conceptualized assisted human reproduction and its homologous and heterologous aspect, besides verifying how is treated the affiliation in the legal system patria. Finally, the conflict between the right to the genetic identity of conceived from heterologous assisted reproduction and the donor's right to anonymity of genetic material is analyzed, looking for, possible, from the rule of proportionality developed by Robert Alexy, possible paths for resolve the collision of rights in question. The study uses the dialectical method through bibliographic research and qualitative procedure in order to achieve the stated objectives.