Leaving aside the evergreen ethical debate surrounding anonymous childbirth and donor insemination, this article analyses them adopting a fundamental rights approach. This approach brings out the growing importance accorded by Italian courts to the right to know one's genetic origins, which calls into question the right to anonymity of the anonymous mother and the gamete donor. Faced with this irreconcilable tension, the legislature is called upon to rethink the regulation of anonymous childbirth and donor insemination so as to ensure a proper balance between the fundamental rights and interests of the persons concerned, in the light of the principles developed by both the Constitutional Court and the European Court of Human Rights.

The Right to Know One's Genetic Origins: a Right in Need of Regulation

Praduroux Sabrina
First
2021-01-01

Abstract

Leaving aside the evergreen ethical debate surrounding anonymous childbirth and donor insemination, this article analyses them adopting a fundamental rights approach. This approach brings out the growing importance accorded by Italian courts to the right to know one's genetic origins, which calls into question the right to anonymity of the anonymous mother and the gamete donor. Faced with this irreconcilable tension, the legislature is called upon to rethink the regulation of anonymous childbirth and donor insemination so as to ensure a proper balance between the fundamental rights and interests of the persons concerned, in the light of the principles developed by both the Constitutional Court and the European Court of Human Rights.
2021
2021
2
803
820
https://www.theitalianlawjournal.it/praduroux/
anonymous childbirth; donor insemination; personality rights; constitutional law; family law; ECHR law
Praduroux Sabrina
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/1836143
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