RIGHT TO DONOR ANONYMITY IN GENETIC MATERIAL X RIGHT TO GENETIC INVESTIGATION

Abstract

Heterologous artificial insemination, one of the assisted reproductive techniques, was developed with the aim of combating infertility. This technique involves the use of donated genetic material from third parties, who have the right to protected anonymity. However, children and adolescents have the right to investigate their genetic identity. Thus, the question arises: if the donor of the genetic material cannot be identified, who will be considered the father of this child conceived through heterologous insemination? This work aims to demonstrate the importance of both donor anonymity and genetic identity investigation, analyzing the existing conflict between these two aspects and seeking a peaceful solution. For this research, a qualitative approach will be adopted, with a descriptive object, using deductive method and bibliographic procedure, i.e., based on the analysis of previously published materials. As a result, it is concluded that socio-affective affiliation is fundamental for harmony, since from this understanding, it can be affirmed that genetic investigation is not synonymous with paternity investigation. Thus, even if the donor's identity is revealed, they will not be considered the father, as they do not have an emotional bond with the child. Therefore, the contemporary understanding is that filiation is not based solely on blood ties, but rather on affection and attachment.