Filiaţia: între obsesia adevărului biologic şi mistificare legală
Lineage: between the obsession of the biological truth and the legal mystification

Summary/Abstract: We intend to approach the natural parentage and the medically assisted parentage by human reproduction with a third party donor from the perspective of the right to know his or her roots, his or her own identity. In the matter of natural parentage, the enforcing of the right concerned shall be indispensably related to the possibility of enshrinement or, as the case may be, of removing a legal relationship, together with all its consequences. The openness of law as regards the possibility of establishing/challenging/contesting parentage is the measure of protection that the right to personal identity shall benefit from. In the case of the medically assisted parentage by human reproduction with a third party donor, in the context of a quasi-inexistent legislation, we can only issue assumptions in relation to the anonymity of the third party and, implicitly, as regards the access of the person conceived as such to know his or her own roots. In our opinion, the right to know his or her own roots, which is understood as a chance to receive an answer to the question “who am I really?”, can be subject neither to restrictions, nor to exclusions.

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