Abstract

MOAS, Luciane da Costa  and  CORREA, Marilena Cordeiro D. Villela. Filiation and usage of assisted reproductive technologies: between medicine and law. Physis [online]. 2010, vol.20, n.2, pp. 591-607. ISSN 0103-7331.  http://dx.doi.org/10.1590/S0103-73312010000200014.

The present work aims to analyze the juridical criteria for determining the paternal-filial relations, proposing a reflection about homosexual paternity or maternity as a natural consequence of the right to family life. Along these lines, it is necessary to analyze the current discussion on the impact of biotechnological innovations on important issues, such as: the possibility of conception outside the human body, threatening to crush the symbolic value that has always assimilated the category of genitor to that of father, markedly when the demand for assisted reproduction is made by couples of the same sex; the availability of genetic exams that allow access to the biological truth with high level of trustworthiness, causing a real clash between the biological and the social-affective criteria for determination of paternity.

Keywords : family; filiation; homoaffectivity; reproduction; discrimination.