Right to knowledge of biological origin in Human Assisted Reproduction: bioethical and legal reflections

Abstract

This article discusses the right to know the biological origins of a person generated by the Heterologous Human Reproduction technique, presenting arguments and issues related to this complex process, which involves different interests. In this sense, a hypothetical-deductive study is developed based on intersections of nature and content between Bioethics and Law. The study progresses by approaching the risks brought by technological advances and the expectations of all subjects involved, as well as vulnerabilities, the need for consent for gamete donation and donor anonymity. It further debates the concepts of “genetic identity” and the right to know one’s “biological origins”, drawing an analogy with Brazilian adoption law. Finally, the study addresses the so-called “secrecy right”, considering arguments found in legal literature, including the idea of “de-biologization” currently defended by the Brazilian higher courts.