Critical Reflection on the Principle of Anonymity over the Data of the Donor in Procedures of Heterologous Assisted Human Reproduction Techniques

Abstract

Although in Colombia the absence of regulation on the techniques of assisted human reproduction is an undeniable reality, from the Colombian Political Constitution of 1991 the possibility of engendering children with scientifc assistance is established. Through a research of qualitative approach and dogmatic type, with documentary information collection techniques, the project from which this article is derived had the following general objective: "Analyze the legal, jurisprudential and principialist foundations that in the Colombian legal system allow the legal availability of the human body and its separate parts3, and that support its regulation ”. Basic premises for understanding the topic are proposed, such as the approach to human reproduction techniques in general, with an emphasis on heterologous techniques, the traditional principle of anonymity over donor data is addressed, questioning whether this violates the right of every person to "procreational truth" or "biological truth"; an international basic casuistry is cited and the only national case where the Colombian Supreme Court of Justice has ruled in this regard is analyzed, and fnally some conclusions are drawn as well as proposals that include the relevant points of the topic, especially the need to establish limits and rules.