Fecondazione eterologa e diritto di conoscere le proprie origini: per un'analisi giuridica di una possibilità tecnica

Translated title of the contribution: [Autom. eng. transl.] Heterologous fertilization and the right to know one's origins: for a legal analysis of a technical possibility

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Abstract

[Autom. eng. transl.] The essay examines some gaps in l. 40/2004 regarding the possibility of a heterologous fertilization, the prohibition of which is justified in particular in the same way as art. 30 of the Constitution. The law itself also provides for the possibility of implicitly referring back to cases prior to the introduction of the ban or to the so-called procreative tourism. It analyzes the profiles relating to the rights of the persons involved and in particular the right to status and knowledge of their origins. In the background it thematizes the concept of filiation received by our legal system, comparing the idea of filiation-responsibility for which filiation is not a voluntary or affective act, but the juridical consequence of a fact - the coming into the world - to which the right reconnects to effects that can be summarized in terms of a parental responsibility (obligation to keep educating and educating children even if born out of wedlock) in the hands of biological parents, on the one hand, and an idea of voluntary parentage, on the other, conceived as functional to a decision of the adult subject who takes on the role of parent.
Translated title of the contribution[Autom. eng. transl.] Heterologous fertilization and the right to know one's origins: for a legal analysis of a technical possibility
Original languageItalian
Pages (from-to)1-18
Number of pages18
JournalRIVISTA AIC
Volume2012
Publication statusPublished - 2012

Keywords

  • Biological Origins
  • Diritto di conoscere le proprie origini biologiche
  • Fecondazione eterologa
  • Heterologuos fertilization

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