Foundational facts, relative truths : a comparative law study on children's right to know their genetic origins

Abstract

In this comparative law study the scope of children's right to know their genetic parentage is assessed in the framework of the UN Children's Rights Convention, the European Convention on Human Rights and four continental European jurisdictions: France, Germany, The Netherlands and Portugal. A legal analysis is provided of all the most common situations in which children may seek identification of a genetic parent, ranging from adoption to artificial donor insemination and the attribution of a 'false' paternity. The aim of the research is to establish legal principles on the basis of an analysis of the relevant constitutional law and to propose concrete legal solutions for promoting this right.