Il diritto a conoscere le proprie origini tra fecondazione eterologa, adozione e parto in anonimato

[Autom. eng. transl.] The theme of the right to know one's origins, as a fundamental human right, is proclaimed generally by art. 7 of the International Convention on the Rights of the Child (New York, 20 November 1989). This norm recognizes the child, "as far as possible", the "right to know his parents and to be raised by them". The following art is also relevant 8 which commits States "to respect the right of the child to his own identity". After the constitutional sentence 162/2014 which annulled the heterologous ban on “medically assisted procreation” (PMA), already contained in art. 2/4 of Law 40/2004, the problem has been raised whether and to what extent the principle indicated above should also be applied in the case in which a child has been generated by PMA with gametes (one or both) unrelated to the couple. The paper argues that the right to know one's origins must be declined taking into account the diversity of situations and the priorities of the assets / rights at stake. The same discernment is required to assess the anonymity whose purpose is different depending on the context to which it refers and the different holders of rights in possible conflict between them. In conclusion, in the field of heterologous fertilization, due to the planned and agreed generative mode, the right to know one's origins should unfold with the maximum intensity, both with respect to the situations of adoption and with regard to the case in which the mother has given birth in anonymity .