Publication details

Právo znát genetický původ jako součást osobnostních práv dítěte počatého anonymním způsobem

Title in English Right to knowledge of genetic origin as a part of the personality rights of the anonymously conceived child

VALC Jakub

Year of publication 2018
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Keywords Artificial insemination; anonymous donation; right to privacy; right to knowledge of origin; child; donor
Attached files
Description The right to privacy is considered to be one of the fundamental rights of every person and is protected not only at international or constitutional, but also legal level. In this context, it is possible to rely on the legal provisions of the new Civil Code, which in several places provides private protection for the personality of a person. It is, by its very nature, a fairly broad category, in which we can in the light of the case law of the European Court of Human Rights include also the protection of private and family life, including the right to knowledge of origin and the circumstances of the birth. It can not be disputed that this aspect of personality is a traditional psychological, sociological and legal issue, also in the context with a historically applied adoption system. At present, however, are new rules and ethical-legal questions in this area provided by modern biomedical technologies, which are increasingly being promoted in society. This issue is than connected also with the assisted reproduction and related legislative requirement for the anonymity of gamete donation, which, in our opinion has a consequence, that state de facto prevents establish of family ties and interferences with the right to privacy and personality rights.

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