El derecho a la identidad: tratamiento especial del derecho a conocer los orígenes biológicos y genéticos en las distintas formas de maternidad

Résumé

The right to know the biological origins of the adopted child is recognized by Spanish law since 2007, through the Intercountry Adoption Act. This right is part of the right to identity, recognized by the European Court of Human Rights. According to the above, the problem of discrimination against children born through assisted human reproduction raises. In this case, the law protects the gamete donor anonymity so they could be violating the right to equality for reasons of birth. Similarly, the question arises in the case of surrogate motherhood. Although the Spanish Law declares void any contract of surrogacy, it is common for Spanish citizens traveling to other countries where it is permitted, in order to achieve parenthood. This generates the so-called reproductive tourism.