The Right to Know the Genetic Origen vs. the Right to Privacy of the Doner: Approach to the Debate and Solutions for Colombia

Abstract

The law has been compelled to resolve for approximately 30 years the conflicts that arise when subjects conceived by heterologous dona-tion express their intention to know their genetic origins. The competing rights require a balancing test between the right to know the genetic origin of the one conceived through assisted reproductive technology and the right to reserve for heterologous donors. This article tries to answer questions such as: what happens to the right to identity of children born using Heterologous Assisted Human Reproduction Techniques? Is their right guaranteed, protected and constitutionally recognized in all cases? How should the judicial operator proceed when the right to know the genetic origin is disputed with the right to anonymity of heterologous donors? The foregoing cannot be resolved without studying, from the comparative law, how this right to know has been built, also the regulatory trends in contrast to the anonymity of donors and the legal solu-tions in force in other jurisdictions such as Europe, the United States and Latin America, in order to propose the most equitable solution for the Colombian case.