PRIVATE AUTONOMY AND BIOLEGAL SELF-REGULATION: CHALLENGES IN THE CHOICE OF HUMAN GAMETES IN THE INTERNATIONAL ASSISTED REPRODUCTION MARKET

• DOI: https://doi.org/10.22533/at.ed.216502503017

• Palavras-chave: human gametes. biolegal transnationality. market

• Keywords: human gametes. biolegal transnationality. market

• Abstract:

  The importation of germline genetic material into Brazil, as an alternative for choosing donors, provokes a confrontation between individual autonomy in planning parental projects and the deontological norms of the Federal Council of Medicine (CFM), which regulate secrecy and altruism in donation procedures. This practice highlights legal and contractual challenges that go beyond the Brazilian legal system, encompassing bio-legal and economic transactions arising from the transnationality of human gametes. This study aims to analyse the legality of contractual relationships and possible regulatory conflicts in heterologous assisted human reproduction, especially with regard to the commercialization of gametes and the applicable biolegal regulations. The dilemmas arise in relation to state protection over the import of gametes, associated with the issue of private autonomy. The progress of transnational exchange, supported by Anvisa's RDC 771/2022 and 81/2008, reveals a fine line between reproductive autonomy and ethical limits, highlighting the risk of pricing genetic material. However, human dignity and bodily autonomy legitimize the use of gametes for family planning, as long as ethical and legal principles are fully respected.