Pai, quem é você? – uma análise civil constitucional do direito à identidade genética

Abstract

The aim of this study is to insert in the civil and constitutional law field, referring to the importance of knowledge of the genetic identity in the development of the individual, in the formation of its personality and its integration into society. Considering the lack of specific legislation concerning the heterologous assisted reproduction and the relationship between those who participate and the individual generated, we try to figure out how the child generated by in vitro reproduction is affected and to what extent the confidentiality of semen donor is feasible. It follows that the right to genetic origin as an essential fundamental right of the individual, must be guaranteed to the person conceived through heterologous insemination, without, however, entertain the existence of the state of affiliation between this and the donor.