Abstract

MOTA, Shirlei Castro Menezes  and  BARBAS, Stela Marcos de Almeida Neves. RIGHT TO NON-DISCRIMINATION AND BIOLOGICAL TRUTH FOR THOSE BORN BY PMA IN PORTUGAL AND BRAZIL. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.387-406.  Epub Sep 08, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00013.18.

This study discusses issues related to Medically Assisted Procreation, particularly about heterologous artificial insemination - using genetic material from third parties - and “replacement pregnancy” in Portugal and Brazil. Therefore, it addresses the right to “biological truth” for those born by PMA and non-discrimination in the use of genetic material, focusing on respect for the dignity of the human person. It is questioned how advances in science in this area can lead, in the case of PMA, to the choice of “perfect” embryos, and we start from the hypothesis that this leads to “genetic eugenics.” Methodologically, this is an exploratory bibliographical review. According to the Portuguese standard, the PMA has as beneficiaries the hetero couple, the single woman and women who are married or in a de facto union who can even have a “shared pregnancy”, but the "replacement pregnancy" is only done exceptionally and is not donor secrecy allowed. In Brazil, if it is free and with the help of relatives up to the fourth degree, regardless of the peer's sexual orientation and maintaining the confidentiality of the donor, the “replacement pregnancy” is guaranteed to everyone.

Keywords : PMA; Replacement pregnancy; Discrimination; Biological truth; Best Interest of the Child..

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