I mobili confini del diritto all’anonimato materno tra tutela della riservatezza e costruzione dell’identità

The Authors run over the legislative and case-law development on the italian institution of anonymous birth, paying particular attention to the issue of the balance of conflicting interests of the mother and the biological son. In this perspective, this essay aims at analysing the main interests involved (like health, personal identity, confidentiality, oblivion), on the one side, and the methods, especially of “abstract balance” of interests, that the courts use to settle the conflict among opposite interests, in the direction of an ever increasing importance of the personal identity of the biological son. Nevertheless, a glimmer of change in the recent courts has been registered in the sense of more flexible and elastic decisions, on the way – that the Authors are wishing for – of a “concrete balance” of the interests.