The Right to Genetic Identity and Filiation Status: An Analysis of the Criteria Defining the Filiation Bond and the Right to Know One’s Biological Origin

Abstract

The article examines the relationship between the right to genetic identity and filiation status, proposing a reconciliation between the right to know one’s biological origin and the legal criteria that define the parent-child bond. It starts from the premise that genetic identity and filiation identity are not identical, so that knowledge of biological ancestry constitutes a personal right, without this automatically implying a change in an already established filiation status. The study reconstructs the evolution of the concepts of family and filiation in Brazilian law, highlighting the overcoming of the exclusively marital model, the equality among children, and the incorporation of legal, biological, and socio-affective criteria for defining parenthood. It then analyzes the relevance of the principles of human dignity, affectivity, and the existential dimension of family relationships, as well as the role of DNA testing, which expanded the possibility of access to biological truth but does not exhaust the understanding of parenthood. In conclusion, it argues that the right to genetic identity guarantees every person knowledge of their biological origin, as an expression of personal identity and individual historicity; however, its effects on the filiation bond must be limited and balanced in light of the protection of socio-affectivity, legal certainty, and human dignity.