Il diritto di conoscere le proprie origini delle persone nate in esecuzione di contratti conclusi attraverso cliniche di fertilità

Abstract

Among the complex legal issues in modern medically assisted procreation, the right to know one's origins is crucial, enshrining a fundamental right of the child recognized by the 1989 CRC. While, historically, legal systems granted powers to ascendants over descendants, today's focus must be on protecting those born through donor gametes who do not intend to become parents. Monitoring fertility clinics is essential to guarantee this right to children of complex ancestry, as clinics face conflicts of interest when treating persons in situations of 'procreative vulnerability.' Preventing children from lacking origin information is vital in market regulation. Access to origins protects individual rights, prevents human trafficking, and reduces exploitation risks, particularly for women undergoing oocyte retrieval or pregnancy. The solution proposed aims at averting the replication of historical tragedies as the illegal adoption practices in the context of ART and surrogacy.