The anonymity of genetic parents and the health-related well-being of the child: Remarks in the light of Recommendation 2156(2019) of the Parliamentary Assembly of the Council of Europe Cover Image

Anonimowość rodziców genetycznych a dobrostan zdrowotny dziecka. Uwagi na tle Rekomendacji 2156(2019) Zgromadzenia Parlamentarnego Rady Europy
The anonymity of genetic parents and the health-related well-being of the child: Remarks in the light of Recommendation 2156(2019) of the Parliamentary Assembly of the Council of Europe

Author(s): Joanna Haberko
Subject(s): Criminal Law, Health and medicine and law, Court case
Published by: Uniwersytet Adama Mickiewicza
Keywords: well-being; relative; the right to know one’s origin; identity;

Summary/Abstract: The text presents the problem of the health interest of a child conceived as a result of the use of medically assisted procreation techniques using donor genetic material. The use of modern medical technology is becoming increasingly common nowadays and the procedures which a few years ago were seen as experimental are now becoming standard. The present text covers the issues of risks and conflicts for family members related to the use of technology for the conception and birth of a child. The issue is the physical and mental well-being that can be derived from knowing one’s origin from specific persons. Polish law does not provide access to information enabling the identification of a donor of reproductive cells, and the restrictions on the information that can be provided to an authorized person have been narrowly defined. This allows the formulation of the thesis, which is verified in the text, that the Polish legislator does not ensure the implementation of the right to know one’s own genetic identity as the right to information in the field of donor genome, and even more so the right to know the identity of gamete donors as the right to information in terms of donor identification data. The text presents postulates based on Italian solutions and Recommendation 2156(2019) of the Parliamentary Assembly of the Council of Europe.

  • Issue Year: 81/2019
  • Issue No: 4
  • Page Range: 59-72
  • Page Count: 14
  • Language: Polish