A quebra de confidencialidade no âmbito da procriação medicamente assistida com intervenção de dador

  • Fabiana Íris Abelhas Gomes Russa (Student)

Student thesis: Master's Thesis

Abstract

The present study focuses over the confidentiality regime associated to the Medical Assisted Procreation’s techniques, with the intervention from a third party, the male gamete’s donor, on the Portuguese legal order and under the Law n.º 32/2006 from July 26th. We analyze the breach of confidentiality regime, following the Constitutional Court’s Agreement n. º 225/2018 from May 7th, which finds its foundation within the confrontation between the son’s and donor’s fundamental rights. On one hand, the donor’s right to anonymity and to private life preservation, on the other hand, the right to the knowledge of origins, which integrates the rights to personal identity and personal historicity, along with the child’s development, which was born due to these techniques. We also approach the donor’s perspective, considered up until now as a mere third party from the parental project, who has now been given a fundamental role when it comes to the biologic ascendance.
Date of Award25 Mar 2021
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorRita Xavier (Supervisor)

Keywords

  • Medically assisted arocreation
  • MAP with donor intervation
  • Confidentiality
  • Donor's anonymity
  • Personal historicity

Designation

  • Mestrado em Direito

Cite this

'