Reprodução assistida, direito de todos. E o registro do filho, como proceder?

Abstract

The assisted reproductive techniques (ART) applied in Brazil, in face of the lack of federal legislation, are based on ethical standards since 1992. The parties involved -doctor and patient -in an artificial conception process count on resolutions of the Conselho Federal de Medicina -CFM (Brazilian Federal Council of Medicine). Recently there were important innovations in the scope regarding who can perform ART and regarding the guiding norms, such as the new CFM Resolution 2,121/2015, as well as Provisions 21/2015-CGJ PE and CNJ 52/2016 concerning the registration of children generated by ART. The latter Provision requires the identification of donors of genetic material. Therefore, the aim of this paper is to present improvements to attend to the best interests of children born through ART and that of their parents, and equality among children when issuing birth certificates in Brazil, regardless of any lawsuit pertaining to a violation of medical confidentiality and the right to donor anonymity, as per the national provision.