THE RIGHT TO GENETIC IDENTITY OF A PERSON BORN THROUGH HETEROLOGOUS ASSISTED REPRODUCTION TECHNIQUE IN LIGHT OF HUMAN DIGNITY

Abstract

This research analyzes the procedures for heterologous assisted reproduction in light of the principles of human dignity and the comprehensive protection of children and adolescents, aiming to examine how the anonymity of the genetic material donor constitutes an obstacle to the realization of the right to genetic identity. In Brazil, the normative framework for assisted human reproduction procedures is established by Resolution n. 2.320/2022 of the Federal Council of Medicine, which provides for the anonymity of the genetic material donor. Within this context, certain rights arise for individuals conceived through this technique, particularly the right to know their biological origins. The right to genetic identity emerges as a fundamental right of particular relevance to the implementation of the principles of human dignity and comprehensive protection of children and adolescents, both enshrined in the 1988 Federal Constitution, which establishes the former as a foundational principle of the Federative Republic of Brazil. The protection of genetic identity stands as an essential tool for ensuring dignity and respect for the individuality of each person. The principle of comprehensive protection of children and adolescents guarantees the recognition of biological ties and safeguards the personality and holistic development of individuals conceived through heterologous assisted reproduction, as stipulated by the Statute of the Child and Adolescent. Considering that the provision for the anonymity of genetic material donors stems from a regulation issued by a professional council, its reception within the Brazilian legal system faces challenges concerning the principle of legality. Therefore, it is crucial to study contemporary civil law and its prospective dimension to determine whether the Brazilian legal system accommodates such regulation. The inability to access one’s biological data may result in significant psychological harm, compromising individuals’ well-being and health, as well as preventing the verification of legal impediments to marriage, as provided for in Brazilian civil legislation. It is noteworthy that adoptees are afforded different treatment under the law. Although they too experience the severance of parental ties with their biological family, they are allowed access to information regarding the adoption process. The adopted method is deductive, and the employed techniques include literature review, document analysis, descriptive research, and content analysis. This study holds significant relevance for the legal framework, aligning with the objectives of the Master’s Program in Law at the Regional University of Blumenau (PPGD-FURB). It is particularly consistent with Research Line 2, which focuses on critical analysis of constitutional jurisdiction and fundamental rights. In this scenario, the need to ensure the realization of the right to genetic identity, as a fundamental tool for the fulfillment of the aforementioned principles, is in perfect harmony with the program’s objectives, particularly its broad and in-depth approach to fundamental rights.