Towards the regulation of the anonymity of the gamete donor in assisted human reproduction techniques in Peru

Authors

  • Joel Romero Mendoza Abogado y Maestro en Ciencias con Mención en Derecho Civil y Comercial por la Universidad Nacional de Cajamarca; Doctor en Derecho; Docente de pregrado y posgrado en la Universidad Nacional de Cajamarca, Cajamarca, República del Perú. Author https://orcid.org/0000-0002-5303-3127

Keywords:

Assisted procreation, heterologous human fertilization, right to privacy, right to personal identity, anonymity of the transferor of gametes, right to know the biological origin

Abstract

This article seeks to reflect on the need to regulate Assisted Human Reproduction Techniques in Peru, and especially heterologous techniques, where a third party intervenes as transferor of genetic material, in order not to violate the right of the child to know his biological origin, or the right of the transferors to their personal privacy; for wich constitutional and legal guideliness must be established such as: determination of filiation, anonymity of the transferor of gametes, conditions to be transferor of gametes, number of children for each transferor of gametes, disclosure to the child about his biological origin, among others. We consider that in our country the relative anonymity of the transferor of gametes should be regulated, in order not to violate their right to personal privacy, or the right of the child to know their biological origin, having the possibility of accessing general information about the aforementioned assignor; It is also necessary to establish the obligation of legal parents to reveal their biological origin to their child at a certain age. To do this we are going to study, heterologous assisted human reproduction techniques and parentage; the anonymity of the transfer of gametes, and within this topic the reasons in favor and against of the anonymity of gamete donors; the right of people to know their biological origin; and finally the relative anonymity of the gamete transferor in heterologous assisted human reproduction techniques.

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Published

2024-08-26

How to Cite

Romero Mendoza, J. (2024). Towards the regulation of the anonymity of the gamete donor in assisted human reproduction techniques in Peru. Revista Quaestio Iuris, 12, 76-98. https://revistas.unc.edu.pe/index.php/Quaestio-iuris/article/view/12