ENTRE O ANONIMATO E A IDENTIDADE

O DIREITO AO CONHECIMENTO DA ORIGEM GENÉTICA NA REPRODUÇÃO ASSISTIDA COM DOAÇÃO DE GAMETAS

Abstract

The advancement of biotechnologies applied to human reproduction has expanded access to genetic information and reshaped the legal understanding of personal identity. In this context, heterologous assisted human reproduction raises new bio-legal challenges, particularly regarding the right to know one’s genetic origins and the preservation of gamete donor anonymity. This article investigates genetic identity as a dimension of personality rights and analyzes its implications for the right to know one’s biological origin within the Brazilian legal system, which is characterized by legislative gaps and the predominance of deontological norms. The study is grounded in the hypothesis that the absolute maintenance of donor anonymity is insufficient to ensure the full protection of genetic identity, thus requiring normative solutions based on the balancing of rights. Initially, the article examines the dynamics of family planning in the context of assisted reproduction and the existing regulatory limitations. It then develops the understanding of genetics as a dimension of personal identity, highlighting its non-patrimonial nature. Finally, it analyzes the conflict between anonymity and the right to know one’s genetic origins, with reference to Brazilian regulation, comparative law, and recent legislative proposals. The research adopts the hypothetical-deductive method, with a qualitative approach and interdisciplinary bibliographic review, encompassing legal doctrine, scientific articles, legislation, and deontological resolutions.