Interests and rights in conflict about biological parent's identity: the unmarried mother and sperm donor's cases

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Abstract

In light of a previous work by profesor Ramón Durán, from Spain, published in this same magazine, two cases will be analyzed in which the rights and interests of biological parents and offspring collide. In both cases, the problem arises from the recognition and protection of the right of a child to know the identity of his biologicalparents, and the attempts to limit that right by guaranteeing the anonymity of certain biological parents, such as the unmarried mother who by those means seeks to avoid the burdens of motherhood without endangering the life and health of the child and the third party sperm donor who desires that his participation in the reproductive procedure won't burden him with responsabilities or uncomfortable situations regarding the offspring that have been conceived thanks to his gametes. It is herein raised that three concepts must be made patent which can favor the prevalence of the interests of the child: the principle of biological truth, the principle of the superior interest of the child or favor filii and the right to identity. This work brings forward arguments to sustain the idea that, at least in the chilean and latinamerican legal and sociocultural context, neither the anonimity of the single mother nor that of the sperm donor must be established, and favors proposing an interpretation of the legal texts which give precedence to the right of the child to know the identity of his biological parents in both cases.

Translated title of the contributionInterests and rights in conflict about biological parent's identity: the unmarried mother and sperm donor's cases
Original languageSpanish
Pages (from-to)57-88
Number of pages32
JournalIus et Praxis
Volume16
Issue number2
DOIs
StatePublished - 2010

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