Artificial reproductive technologies and the right to the truth about genetic and biographic origins. (2017)

• Record Type: Journal Article
• Authors: Poli, Ludovica
• Is Part Of: International journal of technology policy and law. Volume 3:Number 1(2019)
• Page Start: 56
• Page End: 67
• Publication Date: 2017
• Subjects: artificial reproductive technologies -- ART -- third-party reproduction -- surrogacy -- right to know origins -- European Convention of Human Rights -- European Court of Human Rights -- Child Convention -- private life -- personal identity -- right to health -- identifying data -- non-identifying data; Technology and law -- Periodicals; Technology and state -- Periodicals; 344.09505
• Languages: English
• ISSNs: 1742-4240

Abstract

The right of ART-conceived people to know their origins emerges in any case of 'third-party reproduction', that is when the genetic material is provided, or the gestation is carried out, by a person other that the parent(s) who will take care of the resulting baby. This right has a double dimension, as it might refer to genetic origins, as well as to biographic origins. The paper explores the legal foundations of the right to genetic and biographic origins under international law and envisages possible principles to be applied in balancing it with other competing interests. It finally explains that the conditio sine qua non for a full exercise of the right to know personal origins is the awareness of the means of conception, a responsibility which rests upon the recipient parents, with only a residual role for the state.