Parto anônimo: o direito do filho ao conhecimento de sua ascendência genética.

Abstract

Brazil holds throughout its social history a high rate of abandonment of children, as well as the existence of clandestine abortion, both of which promote the marginalization of the mothers, given both abandonment and abortion, are considered crimes in the country, leaving them to the margin of the law, has seen that in generating the unwanted pregnancy or even having a child without intending to support it, the Brazilian jurisdiction restricts them to seek inhuman and degrading methods to not come to have these children. The present work comes to approach in a practical way the legalization of the anonymous birth in Brazil through the Statute of the Child and the Adolescent (ECA), in its article 19-A, which was added to the legal device on November 22, 2017, this recent resource in favor of protecting the identity of the mother to donate anonymously the child is not modern, because in the Middle Ages until the twentieth century there was the practice of the wheel of the foundling, where newborns were placed on a wooden instrument, coupled on the doors or windows of convents and hospitals, that when turning the same, it ringed the bell and anonymously left the son to be sustained by the catholic church, avoiding this way its death and abandonment. The conception of family is brought to exemplify the very personal composition of this right and the legal relationship between parents and children, because when it is given away, the mothers' transfers her family power to the substitute family, which will be later, the family created by the affectivity bond , being the State as the responsible for the process of transmitting it. However, the present work encompass the process of anonymous delivery, presenting the possibility of the child given by means of the anonymous birth, access to its genetic ancestry, without any identification of the mother, that is, the exclusive science of exams, diseases that the same possesses and can be transmitted genetically, or even, access to the psychic report, giving the opportunity of access to the son of its genetic origin, making clear, that the preservation of the mother's anonymity is maintained, guaranteeing the right to life, the family coexistence and the sustenance and good development of the child; in counterpart, also ensuring the mother's self-determination, her transfer of family power, as well as the legal certainty of not being condemned, civil or criminal, for not having the desire to start a family through motherhood, opening up a legal possibility of respect and conciliation of right to both in favor of society and its good constitution.