LA INTENCIÓN DE PROCREAR Y EL INTERÉS SUPERIOR DEL NIÑO EN EL CONTEXTO DE LA REPRODUCCIÓN ASISTIDA

This article aims to propose a control of suitability of intended parents, the elimination of anonymity in the donation of gametes and the determination of maternity by the fact of childbirth as paradigms of reconciliation between the best interests of the child and the intention of one or more adults to procreate. The proposal reacts to an assessment of the legal effects of assisted reproductive technologies on Filiation Law from the point of view of the best interest of the child. It criticizes the normative development that tends to validate the intention to procreate as a means of determination of filiation bonds. The issue is evaluated in aspects such as the access of single women to assisted reproductive technologies, the determination of paternity based upon the intention to procreate, double maternity and double paternity.