Resumo

NOTARO, Pablo Antonio. Right to the identity of origin and techniques of assisted human reproduction in Argentina. Derecho glob. Estud. sobre derecho justicia [online]. 2020, vol.5, n.14, pp.151-187.  Epub 28-Ago-2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v5i14.283.

The right to identity is a fundamental human right opposable erga omnes, which must enjoy every individual without discrimination and the State must guarantee, through all means available to make it effective. This article addresses the problem generated by the techniques of assisted human reproduction (TRHA) in relation to the right to know the identity of origin. The unprecedented approach presented, sustains that the regulation of the Civil and Commercial Code of the Nation (ccc) in relation to the right to know the identity origin of people born by heterologous TRHA, is unconstitutional in that it does not pass the examination of proportionality.

Palavras-chave : biological identity; genetic origin; human rights; family law; constitutional law.

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